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Bank ICBC (Joint-Stock Company)
(Bank ICBC (JSC))
APPROVED
by the Board of Management of
Bank ICBC (JSC) (Minutes No. 1
dated January 28, 2020)
.
T E R M S A N D C O N D I T I O N S
of Depository Activities of Bank ICBC (JSC)
Moscow
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Table of Contents
Chapter 1. General Provisions .................................................................................................... 4
Chapter 2. Depository Services .................................................................................................. 7
Chapter 3. Methods and principles of securities accounting ...................................................... 8
Chapter 4. Procedure for Conclusion and Termination of a Depository Agreement .................. 9
Chapter 5. Procedure for Receipt of Depositors’ Orders and other Documents and Execution of
Depository Operations ................................................................................................................... 11
Chapter 6. Classification of the operation executed by the Depository .................................... 14
Chapter 7. Administrative operations. Opening of securities accounts, other accounts, securities
subaccounts……………………………………………………………………………. ................ 16
Chapter 8. Administrative operations. Closing of securities accounts, modifying the
questionnaire details, other administrative operations ................................................................... 21
Chapter 9. Inventory operations ............................................................................................... 25
Chapter 10. Package operations. Encumbrance of securities with obligations. Limitation of the
securities disposal. Operations in unidentified party account ........................................................ 32
Chapter 11. Global operations .................................................................................................... 44
Chapter 12. Information operations ............................................................................................ 54
Chapter 13. Features of registration of securities intended for qualified investors and limited
recourse securities .......................................................................................................................... 57
Chapter 14. Registration of foreign financial instruments not qualified as securities ................ 59
Chapter 15. Verification of the number of securities with registrars and correspondent
depositories……… ........................................................................................................................ 60
Chapter 16. Verification of the number of securities with Depositors ....................................... 61
Chapter 17. Contra entries in securities accounts (other accounts) ............................................ 62
Chapter 18. Confidential information ......................................................................................... 63
Chapter 19. Depository Service Payment and Payment Procedure ............................................ 64
Chapter 20. Procedure for Depositor Complaint and Inquiry Examination ............................... 65
Chapter 21. Final provisions ....................................................................................................... 66
Annex 1. List of documents required for conclusion of a depository agreement with an individual
who is the citizen of the Russian Federation .................................................................................. 67
Annex 2. List of documents required for conclusion of a depository agreement with an individual
who is a foreign citizen or a person without nationality ................................................................ 68
Annex 3. List of documents required for conclusion of a depository agreement with a legal entity
incorporated in accordance with the legislation of the Russian Federation ................................... 69
Annex 4. List of documents required for conclusion of a depository agreement with an individual
entrepreneur or an individual engaged in private practice in accordance with the legislation of the
Russian Federation ......................................................................................................................... 73
Annex 5. List of documents for conclusion of a depository agreement with a legal entity (stand-
alone units of legal entities) incorporated in accordance with the legislation of a foreign state .... 76
Annex 6. Customer questionnaire for an Individual ..................................................................... 80
Annex 7. Customer Information Form (Legal Entity) .................................................................. 82
Annex 8. Consent to the Processing of Personal Data .................................................................. 85
Annex 9. Consent to Cross-Border Transfer of Personal Data ..................................................... 87
Annex 10. Application for writing-off the fee for depository services ......................................... 89
Annex 11. Application to Open a Trading Securities Account(s) under a Previously Concluded
Depository Agreement ................................................................................................................... 90
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Annex 12. Application to Open a Securities Account(s) under a Previously Concluded Depository
Agreement ................................................................................................................................... 92
Annex 13. Application for closing a securities account (for individuals) ..................................... 94
Annex 14. Application to Close a Securities Account (for Legal Entities) ................................... 95
Annex 15. Certificate of opening (closing) a securities account .................................................. 96
Annex 16. Certificate of opening (closing) a securities subaccount ............................................. 97
Annex 17. Depository Order to Register Changes in the Customer Information Form (Legal
Entity/Individual) ........................................................................................................................... 98
Annex 18. Depository Order for deposit of securities ................................................................... 99
Annex 19. Depository Order to Withdrawal Securities .............................................................. 101
Annex 20. Depository Order to Transfer Securities .................................................................... 103
Annex 21. Depository Order to Change Securities Storage Place .............................................. 105
Annex 22. Depository order for receipt of certificated securities for storage and accounting ... 106
Annex 23. Depository order for removal of certificated securities from storage and
accounting……………………………………………………………………………………….107
Annex 24. Depository Order for the implementation of securities rights (participation in corporate
action)………………………………………………………………………………… ............... 108
Annex 25. Depository Order to perform an information operation............................................. 109
Annex 26. Report on depository operation (operations) performed on the securities account ... 110
Annex 27. Statement of securities account ................................................................................. 111
Annex 28. Report on the execution of administrative operation ................................................. 112
Annex 29. Announcement by Bank ICBC (JSC) of payment and transfer of proceeds .............. 113
Annex 30. Tariffs of Bank ICBC (JSC) for depository activities .............................................. 114
Annex 31. Depositor’s Application ............................................................................................ 120
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Chapter 1. General Provisions
1.1. These ‘Terms and Conditions of Depository Activities of Bank ICBC (JSC)’
(hereinafter — the ‘Terms and Conditions’) are developed in accordance with the requirements
of the Civil Code of the Russian Federation, Federal Law No. 39-ФЗ On Securities Market
dated April 22, 1996 (hereinafter — the ‘Federal Law on Securities Market’), Regulation of the
Bank Russia No. 503-П On the Procedure for Opening and Maintaining Securities Accounts
and Other Accounts by Depositories dated November 13, 2015, Regulation of the Bank of
Russia No. 542-П On the Requirements for Carrying out Depository Activities in the Formation
of Records on the Basis of the Documents Related to Depository Accounting and Documents
Related to Accounting and Transfer of the Rights to Securities when Storing the Above
Documents dated March 13, 2016, and other regulations of the Russian Federation, the Basic
Standard for Performance of Depository Activities in the Financial Market (hereinafter the
‘Basic Standard’).
1.2. The English title of these Terms and Conditions is Terms and Conditions of Depository
Activities of Bank ICBC (JSC).
1.3. Bank ICBC (JSC) concludes with customers depository agreements of one or more of
the following types:
Owner securities account agreement;
Nominee securities account agreement;
Foreign nominee securities account agreement;
Depository program securities account agreement;
Agreement for treasury securities account of the issuer (party liable on securities);
Trustee securities account agreement;
Foreign authorized securities account agreement.
These Terms and Conditions shall make an integral part of a depository agreement. In the
text of these Terms and Conditions, Bank ICBC (JSC) shall also be referred to as the
‘Depository.’
1.4. Bank ICBC (JSC) carries out its depository activity under professional securities
market participant license for depository operations No. 045-13992-000100 issued by the Bank
of Russia on August 18, 2016.
1.5. Bank ICBC (JSC) combines its depository operations with:
1) Brokerage activity under professional securities market participant license for carrying
out brokerage activity No. 045-13990-100000 issued by the Bank of Russia on August 18, 2016;
2) Dealer activity under professional securities market participant license for dealer
operations No. 045-13991-010000 issued by the Bank of Russia on August 18, 2016.
1.6. The following terms are used in these Terms and Conditions:
Depositor shall mean any person using the depository services of Bank ICBC (JSC) on
storage of securities and/or accounting of rights to securities; a depository agreement shall be
concluded between the Depositor and Bank ICBC (JSC);
correspondent depository shall mean a professional participant of the securities market
carrying out depository activities as well as a foreign entity incorporated in the states specified
in Subclauses 1 and 2 of Clause 2 of Article 51.1 of Federal Law No. 39-ФЗ On Securities
Market dated April 22, 1996, acting on behalf of other persons if such entity may under its
personal law perform accounting and transfer of rights to securities, in which entity relevant
securities accounts are opened for Bank ICBC (JSC);
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depository operation originator shall mean the Depositor, the issuer, the Depository, the
registrar of security holders (hereinafter the ‘registrar’), the correspondent depository where
security certificates are kept and/or rights to securities of Depositors of the Depository are
accounted, state authorities or their authorized persons, the Bank of Russia as well as the
settlement depository, a clearing organization;
authorized representative shall mean an individual or a legal entity acting on behalf or at
the expense of the customer that under the law, articles of association of the legal entity (any
other document in accordance with the legislation regarding non-resident customers),
agreement and/or power of attorney, certificate of an authorized state body or a local
government authority provided to Bank ICBC (JSC) is entitled to sign documents originating
execution of depository operations as well as carry out other activities provided for under the
depository agreement with the Depositor, including by means of remote banking services
technologies (including internet banking);
business day shall mean a day that is not recognized in accordance with the legislation of
the Russian Federation as a day-off and/or a public holiday.
The remaining terms used in these Terms and Conditions are used in the meanings defined
by the legislation or other regulations of the Russian Federation.
1.7. These Terms and Conditions are open and accessible to all parties concerned and are
effective insofar as they do not contradict the current legislation of the Russian Federation.
1.8. Free access to the Terms and Conditions regardless of the purposes of obtaining such
information shall be granted by Bank ICBC (JSC) by placement of the text of the Terms and
Conditions on the official website of Bank ICBC (JSC) in the Internet information and
telecommunication network (hereinafter the ‘Internet’) at http://www.icbcmoscow.ru.
1.9. Bank ICBC (JSC) may unilaterally make amendments and modifications to the Terms
and Conditions. Bank ICBC (JSC) shall inform the Depositors of all modification and/or
amendments at least three (3) days before they take effect by placement of the information on
such modification and amendments and the new version of the Terms and Conditions on the
official website of Bank ICBC (JSC) in the Internet at http://www.icbcmoscow.ru. The date of
placement of the information on the Bank ICBC (JSC) website shall be deemed the notice date.
The depositor shall obtain information from the Bank ICBC (JSC) website. The Depositor shall
be liable for the timely receipt of the above information.
1.10. Notification of Depositors on meetings of shareholders and other corporate actions
and events, including those connected with sending voluntary or mandatory offers to the
securities owners, on cessation of issuer’s operation (liquidation), on limitation of securities
transfer operations, and on its revocation, transfer of other information and materials provided
for under the federal laws and adopted through the regulations of the Bank of Russia in
accordance with those laws shall be performed by Bank ICBC (JSC) by placement of this
information on the official website of Bank ICBC (JSC) in the Internet at
http://www.icbcmoscow.ru not later than on the business day following the date of obtaining
such information and materials from the issuer, the registrar, the correspondent depository. The
date of notification of Depositors and information transfer shall be the date of their placement
on the official website of Bank ICBC (JSC) in the Internet.
Bank ICBC (JSC) shall be liable for timely placement of the above information and
materials. The depositor shall independently inspect the respective communications and
sections on the official website of Bank ICBC (JSC) in the Internet and, if necessary, transfer
the received notices, materials, and information to its customer depositors. The Depositor shall
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be liable for the receipt of the above notices, materials, and information. If inspection and
obtaining by the Depositor the information placed on the official website of Bank ICBC (JSC)
in the Internet are impossible, the Depositor may request the necessary information from Bank
ICBC (JSC) by any means specified in the questionnaire submitted to the Depository.
Information about corporate actions and events, other information that is not intended for
all Depositors shall not be placed on the official website of Bank ICBC (JSC) in the Internet
and shall be directed by Bank ICBC (JSC) to the Depositors, for which it is intended, to the e-
mails specified in the questionnaires provided to the Depository.
1.11. In case of Bank ICBC (JSC) obtains from a foreign company or foreign depository
the information about a corporate action or corporate event in a foreign language, Bank ICBC
(JSC) shall be entitled to direct this information to Depositors also in a foreign language.
1.12. Bank ICBC (JSC) shall not be liable for failure to notify and/or untimely notification
of the Depositor of the upcoming corporate action of the issuer, if the issuer (its authorized
representative, registrar or correspondent depository, with which Bank ICBC (JSC) has an
opened securities account of the nominal holder) has failed to provide or has untimely provided
such information. Bank ICBC (JSC) does not render services for completing the documents for
participation of the Depositor in the corporate action. The Depositor or its authorized
representative shall be liable for the accuracy and correctness of the content of the documents
provided by the Depositor to participate in the corporate action.
1.13. Exchange of documents (orders, reports, other documents) between the Depositor and
Bank ICBC (JSC) shall be performed in any of the below ways: by hand (via an authorized
representative), by courier service, Russian Post, FSUE (hereinafter — the ‘courier services’
and ‘Russian Post, FSUE’), by e-mail, via the SWIFT communication channels, in any other
manner provided for under the depository agreement. Correspondence exchange between the
Depositor and the Depository via Russian Post, FSUE, shall be performed by registered mail
with delivery notification.
1.14. Bank ICBC (JSC) may receive documents from registrars and correspondent
depositories in electronic form (in form of electronic documents) on the basis of agreements
concluded with them for the exchange of electronic documents.
1.15. Conclusion of depository agreements referred to in Clause 1.3. hereof does not result
in transfer to Bank ICBC (JSC) of the title to the Depositor’s securities. Bank ICBC (JSC) may
not dispose of the Depositor’s securities, administer them or perform any operations with them
on behalf of the Depositor except under written instructions of the Depositor or its authorized
representative unless otherwise provided for under the legislation of the Russian Federation and
these Terms and Conditions.
1.16. Bank ICBC (JSC) may not make conclusion of a depository agreement with the
Depositor conditional to the release of any right secured by any security surrendered to the
Depository. Bank ICBC (JSC) shall be liable for the safety of the deposited securities
certificates.
1.17. No recovery proceedings can be executed against the Depositor’s securities in Bank
ICBC (JSC) under the liabilities of Bank ICBC (JSC).
1.18. The Depositor shall within five (5) business days from the date of such event provide
Bank ICBC (JSC) with information on the modification (documents confirming the
modifications) of its questionnaire details, payment details, constitutive and other documents
that were submitted by the Depositor to Bank ICBC (JSC) earlier, information on modification
(prolongation) of powers of the sole executive body of a legal entity and/or authorized
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representatives, on reorganization or liquidation of a legal entity, documents confirming
modification of the tax status, other information of material importance for proper fulfillment
by Bank ICBC (JSC) of its obligations to the Depositor under the depository agreement. Copies
of the documents submitted in order to confirm changes of data and documents submitted to
Bank ICBC (JSC) at the conclusion of the Depository agreement, may be certified by the
analogue of handwritten signature of the sole Executive body of the Depositor – a legal entity
or his authorized representative and submitted to Bank ICBC (JSC) in electronic form (in the
case of system of electronic document circulation between Bank ICBC (JSC) and the
Depositor).
1.19. Bank ICBC (JSC) shall not be liable in the event of any losses suffered by the
Depositor in the event of untimely provision of information by the Depositor or its authorized
representative or unfairness of such information.
1.20. Bank ICBC (JSC) maintains securities accounts by making and storage the records on
such accounts in relation to securities. Registration of rights to the following securities may be
performed on securities accounts:
1) Registered stock placed by the Russian issuers (issued by the Russian legal entities ), as
well as mortgages, the rights to which may be registered by depositories on securities accounts
under the federal laws;
2) Bearer securities subject to mandatory deposit;
3) Foreign financial instruments qualified as securities under Article 44 of the Federal Law
On Securities Market, the rights to which may be registered, under the personal law of the
person liable on such financial instruments, on accounts opened with the organizations
performing registration of rights to securities.
1.21. Bank ICBC (JSC) registers rights to securities for qualified investors in accordance
with the legislation of the Russian Federation as well as to securities, which are marketed
subject to requirements and restrictions set by the legislation of the Russian Federation for
trading in securities intended for qualified investors.
1.22. Operating day of the Depository of Bank ICBC (JSC) is an operating and accounting
cycle for the respective calendar day during which all securities account operations for the said
calendar date are performed. Upon the expiry of the operating day, the Depository shall not
perform any operations at the respective calendar date that could change the number of
securities on the securities accounts except for the operations that can be performed at the
calendar date of the expired calendar day in accordance with the legislation of the Russian
Federation. Information on the operating day of the Depository shall be placed on the official
website of Bank ICBC (JSC) in the Internet at http://www.icbcmoscow.ru.
Chapter 2. Depository Services
2.1. For the purposes of proper execution of the securities holders’ rights with regard to the
securities held by them, Bank ICBC (JSC) in accordance with the procedure stipulated by the
depository agreement with the depositor, renders the following depository services:
1) opening and maintenance of the Depositor’s separate securities account, any other
account with indication of the date and basis for each operation on the account;
2) registration of encumbrances of the Depositor’s securities under obligations;
3) delivery to the Depositor of all information on the securities, other financial instruments
received by Bank ICBC (JSC) from the issuer, registrar, another correspondent depository;
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4) assistance to Depositors in exercising their right to the securities, including the right to
participate in the management of joint-stock companies, to receive dividends, profit, and other
payments on the securities.
2.2. Bank ICBC (JSC) renders the following associated services related to the depository
activities:
1) On behalf of the Depositor, representation of its interests at the general meetings of
shareholders;
2) Provision to Depositors of information on securities declared invalid and/or stolen,
traced or otherwise included in stopping-lists by their issuers, law-enforcement authorities or
regulatory authorities in the securities market;
3) Monitoring of corporate activities of the issuer, informing the Depositor of such
activities and possible adverse consequences;
4) Provision to Depositors of information on the issuers the Depository possesses,
including the information on their financial standing;
5) Provision to Depositors of information about the securities and about the state of the
securities market;
6) Valuation of the securities of the Depositor stored in the Depository;
7) Rendering other services connected to maintenance of the Depositors’ securities
accounts and assistance in exercising rights to securities, which are not forbidden under the
federal laws and other regulations of the Russian Federation.
Chapter 3. Methods and principles of securities accounting
3.1. The Depository shall account for the Depositors’ securities in various ways:
using an open method;
using a marked method;
using a closed method.
The Depository may apply any of the aforesaid methods for accounting of rights to
securities unless the use of any particular method is mandatory under the applicable legislation.
When the open method for accounting of rights to securities is used, the Depository shall
perform depository operations only in respect of a determined number of securities in the
Depositor’s securities account without specifying individual characteristics of any certificated
securities or identifications of any non-certificated securities or any signs of their belonging to
a group.
When the marked method of accounting of rights to securities is used, the Depositor
performs operations in respect of a securities group, for which both the number of securities
and the characteristics of the group, which includes these securities, is specified. Securities
groups are formed by securities issuers (persons liable on securities).
When the closed method of registration of rights to securities is used, the Depository shall
perform depository operations in respect of any particular security in the Depositor’s security
account possessing any identifications specified in the Basis Standard or its individual
characteristics. The Depository shall store the information on any individual characteristics of
a certificated security registered using the closed method.
3.2. The securities are accounted in pieces. For the purpose of depository accounting, one
security (one piece) is the minimum par value of marketable securities of a particular issue
unless otherwise provided for under the terms of issue and trading of the securities. Accounting
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of foreign financial instruments qualified as securities in accordance with the legislation of the
Russian Federation may be performed in the units, in which they are accounted in the account
opened for Bank ICBC (JSC) with a correspondent depository.
3.3. In the event that fractional parts of securities occur in accordance with the legislation
of the Russian Federation, the Depository shall account fractional parts of securities. Rounding
of decimal fractions to the specified decimal place shall be performed to the smaller side or by
elimination of the fraction part of the number of securities after the specified decimal place. In
deposit of securities to the securities account, the fractional parts are combined. Withdrawal of
the fraction part of a security without a whole security shall be performed only subject to
absence of whole securities except for writing off of the fractional part of a foreign financial
instrument, which is qualified as a security in accordance with Article 44 of the Federal Law
‘On the Securities Market’, and the writing off a fractional part of a security from a nominee
securities account or foreign nominee securities account as well as in cases provided for under
the legislation of the Russian Federation.
Accounting for fractional parts of shares is carried out in simple fractions.
Accounting of fractional parts of investment units of investment funds and mortgage
certificates is performed in decimal fractions with the number of symbols after the point
specified in the rules of trust management of investment funds (rules of trust management of a
mortgage pool) but no less than five (5) symbols after the point. Emergence of fractional parts
of investment units in securities accounts is possible in the event of crediting investment units
to such accounts due to their withdrawal, transfer, exchange or split or in the event of writing
off such investment units from nominee accounts due to redemption, exchange or transfer of
fractional parts of investment units owned by their customers. Decrease of the fractural part of
an investment unit in the securities account of the owner of investment units is not allowed
where the whole part is available unless such decrease occurs as a result of addition of fractural
parts of investment units. Withdrawal from a securities account of a fractional part of an
investment unit without its whole part is possible only in the event of redemption, exchange or
transfer of investment units with no whole part of the investment unit subject to redemption,
exchange or transfer except for withdrawal from nominee securities account, foreign nominee
securities account.
3.4. The place of storage for non-certificated securities is the respective registrar or the
correspondent depository. The place of storage for certificated securities is the vault of Bank
ICBC (JSC) equipped in accordance with the requirements of the Bank of Russia. Bank ICBC
(JSC) may use leased vaults or custody services rendered by other organizations where the
securities certificates certifying the securities, the rights to which are recorded in the Depository
are located. Other organizations (correspondent depositories, registrars), to which securities are
transferred on the basis of the custody agreement or other agreement, part of which is the
custody agreement, are external places of storage.
Chapter 4. Procedure for Conclusion and Termination of a Depository Agreement
4.1. The reason for the occurrence of the rights and responsibilities of the Depositor and
Bank ICBC (JSC) for the rendering depository services is the depository agreement. The
depository agreement shall be concluded in simple written form.
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Bank ICBC (JSC) concludes with the customer an owner securities account agreement to
register property rights and other proprietary rights to securities owned by the customer.
Bank ICBC (JSC) concludes a nominee securities account agreement with the customer that
is a legal entity incorporated in accordance with the legislation of the Russian Federation with
a license of a professional securities market participant to carry out depository activities.
Bank ICBC (JSC) concludes a foreign nominee securities account agreement with a foreign
entity incorporated in a member state of the Organization for Economic Co-operation and
Development (OECD), a member or an observer of the Financial Action Task Force on Money
Laundering (FATF), and/or member of the Committee of Experts on the Evaluation of Anti-
Money Laundering Measures and the Financing of Terrorism (MONEYVAL), or a state, with
appropriate authorities (appropriate organizations) of which an agreement providing for a
procedure for their interaction, acting on behalf of other parties and performing registration and
transfer of rights to securities under its personal law is concluded by the Bank of Russia. Such
organization may perform actions related to the exercise of rights to securities without a power
of attorney in accordance with directions (orders) from its customers owning the securities.
Bank ICBC (JSC) concludes a depository program securities account agreement with a
party that places (has placed) foreign securities representing ordinary registered shares of the
Russian issuer under a foreign law.
Bank ICBC (JSC) concludes an agreement for treasury securities account of the issuer
(party liable on securities) with the customer, which is the issuer of the securities (party liable
on securities) to account for these securities.
Bank ICBC (JSC) concludes a trustee securities account agreement with the customer that
is a legal entity under the legislation of the Russian Federation with a license of a professional
securities market participant to carry out depository activities on securities management.
Bank ICBC (JSC) concludes a foreign authorized securities account agreement with a
foreign legal entity incorporated in a member country of the Organization for Economic Co-
operation and Development (OECD), a member or an observer of the Financial Action Task
Force on Money Laundering (FATF), and/or member of the Committee of Experts on the
Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism
(MONEYVAL), or a government with appropriate bodies (appropriate organizations) of which
the Bank of Russia concluded an agreement providing for a procedure for their interaction, and
that such entity may under its personal law and not being the owner of securities, perform in its
name and on behalf of other persons any legal and actual operations with the securities, exercise
rights to the securities.
4.2. Bank ICBC (JSC) shall have the right to refuse the customer to conclude a depository
agreement in case the customer does not provide the documents specified in Chapter 7 hereof.
4.3. If thirty (30) calendar days prior to the expiration of the depository agreement neither
party that has signed the agreement has sent the other party an application to terminate the said
agreement, it shall be deemed extended for the same period.
4.4. Each of the parties that have concluded the depository agreement can terminate it
unilaterally extrajudicially without explanation.
4.4.1. If the depository agreement is terminated at the instance of Bank ICBC (JSC), a
written termination notice shall be sent to the Depositor within the period specified in the
Depository agreement.
4.4.2. If the depository agreement is terminated at the instance of the Depositor, the latter
shall notify Bank ICBC (JSC) in the manner prescribed by the depository agreement.
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4.4.3. The relationship between the parties that have concluded the depository agreement
shall be deemed terminated in the event of closure of the securities account after the
arrangement of all the settlements between the parties that have concluded the agreement.
4.4.4. Bank ICBC (JSC) shall deliver the securities to the Depositor under the procedure
provided for under the agreement concluded.
4.4.5. In the event of termination of the agreement, suspension or revocation of the license
for depository operations, Bank ICBC (JSC), based on the Depositor’s application for the return
of securities shall transfer the securities in accordance with the details specified in the
application to the Depositor subject to a counterorder on deposit of the securities as submitted
by the Depositor to another professional securities market participant, which opens a personal
or securities account for it. In case of revocation of Bank ICBC (JSC)’s license for depository
operations, after six (6) months from the day of revocation if the Depositor’s application for the
return of securities was not received, its securities shall be deposited in the personal account of
such Depositor in the Depository performing mandatory deposit of securities. In the case of
accounting in the correspondent Depository, which is a foreign organization, of foreign
financial instruments qualified as securities not specified in the application of the depositor for
the return of securities, or in the absence of such an application, the Depository shall notify the
Depositor, as well as the correspondent Depository, which is a foreign organization in which
such securities are recorded.
4.4.6. In the event of liquidation of a Depositor that is a legal entity, Bank ICBC (JSC) shall
perform operations aimed at depositing the securities registered at its owner’s securities account
to an unidentified parties account opened by the registrar or the depository performing
mandatory deposit of securities.
Chapter 5. Procedure for Receipt of Depositors’ Orders and other Documents and Execution of Depository Operations
5.1. Operations in the Depositor’s securities account shall be performed by the Depository:
Based on orders in an established form received from the Depositor or the Depositor’s
authorized representatives and prepared in accordance with the Annexes to the Terms and
Conditions;
Based on documents determined under separate agreements with the Depositor;
Based on supplementary agreements providing for the procedure of securities account
operations without execution of separate orders;
Based on resolutions of authorized state bodies;
Based on the reports of a clearing organization following clearing of operations performed
by the Depositor via the exchange;
on other grounds stipulated by the legislation of the Russian Federation, these Terms and
Conditions, and the depository agreement.
5.2. The Depositor may submit orders and other documents to the Depository personally,
via an authorized representative, by post, by e-mail, via the SWIFT communication channels,
in any other manner provided for under the depository agreement. Documents are sent by
e-mail for information purposes, followed by the provision of the originals.
5.3. Receipt of the Depositor’s orders and other documents (hard copies) from the Depositor
personally or via an authorized representative shall be performed in the head office of Bank
ICBC (JSC) every business day from 10:00 a.m. UTC+3 to 4:00 p.m. UTC+3.
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5.4. An order may be submitted to the Depository within thirty (30) calendar days from its
execution.
5.5. Bank ICBC (JSC) may accept the Depositor’s orders in a form different from that
provided in Annexes hereto, provided that they include all information under the Annexes
hereto.
5.6. The Depository shall have the right to refuse to accept for execution or execute an order
in the following cases:
The documents provided are executed in breach of the requirements of the legislation of the
Russian Federation and these Terms and Conditions;
The order is submitted to the Depository in a manner not compliant with the relevant
depository agreement or any other agreement with the Depositor or in a manner not provided
for hereunder;
The order shall be signed by a person without required authority;
The effective term of the order established under these Terms and Conditions, any other
agreement with the Depositor or specified in the order has expired;
If the Depository has any doubts regarding the conformity of the signatures and/or seal card
in the order with the samples in the Depository;
During the effective term of the order, the number of securities specified in the order is not
sufficient for the depository operation specified in the order;
The order is issued in regard of securities whose individual features differ from the
individual features of the securities in the securities account of the Depositor;
The securities, in regard of which the order is given, are under obligations registered by the
Depository and the performance of the order will result in breach of those obligations;
The information in the submitted documents does not confirm with the information in the
registers of the Depository;
The order contains corrections;
For any other reasons specified in the depository agreement or any other agreement with
the Depositor;
The receipt of information on the terms and conditions of pledge and on the pledgee was
not confirmed by the correspondent depository receiving the securities, in respect of which the
right of pledge was registered, when the securities are withdrawn (transferred) from the
Depository;
In accordance with Clause 11 Article 7 of Federal Law No. 115-ФЗ On Combating
Legalization (Laundering) of Proceeds from Crime and Financing of Terrorism dated August
7, 2001;
In other cases provided for by the legislation of the Russian Federation.
5.7. The orders of Depositors that are individuals shall be signed by the Depositors or the
Depositors’ authorized representatives. The orders of Depositors that are legal entities shall be
signed by the Depositor’s authorized representatives and bear the Depositor’s seal (if any).
5.8. The receipt of the Depositor’s orders and other documents, as well as the release of the
Depository’s reporting documents, shall be performed by the Depositor’s authorized
representatives only.
5.9. The time frame for the execution of depository operations are set out in
Chapters 7-12.
5.10. If the Depositor’s order includes the time frame and/or condition of its performance,
the Depository shall take into account such time frame and/or condition;
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5.11. The Depositor may cancel the previously submitted order by sending an order to the
Depository prepared in free form with reference to all details of the order to be canceled. The
cancellation of a previously submitted order shall be allowed until the time during the business
day corresponding to the beginning of its processing, and/or if the securities can be returned
into their original state, if the Depositor has not yet sent the order to the registrar or the
correspondent depository required for the execution of the Depositor’s order.
5.12. A depository operation is completed through delivery by the Depository of a report
on operation performance or information on denial of the operation to whom it should be
delivered to under the legislation of the Russian Federation.
5.13. The Depository shall provide to the Depositor the report of operation (operations)
performed on the nominee securities account opened for the Depositor on the business day of
the operation, and the report of operation (operations) performed on a different securities
account than the nominee's securities account — not later than the business day following the
day of performance of the operation on the respective account. In the event of denial of the
operation, the Depository shall notify the Depositor in writing of impossibility of performance
of the depository operation specifying the reasons not later than on the business day following
the day of the reason for such denial.
5.14. Statement of depository account or the report on the operation performance
confirming the right of the Depositor to the securities as of specific calendar dates shall contain
information on the number of securities on the Depositor’s securities account at the end of the
trading day for the relevant calendar date.
If the report on the depository operation (operations) performed on the securities account
performed specifies that it has been issued for the purposes of offering to include issues into
the agenda, the proposals on nomination of candidates to the management bodies and other
bodies of the company or the request for an extraordinary general meeting of shareholders, it
may include information about the number of securities at the beginning of the current operating
day as specified in the report.
The report may contain information as of any moment. This report does not confirm the
right of the Depositor in the securities.
5.15. The Depository’s reports and other documents can be sent to the Depositor by any of
the following means: by post, personally, by e-mail, via SWIFT communication channels.
Reports are sent by e-mail for information purposes, followed by the provision of the originals.
The Depository’s employee shall provide to the Depositor or its authorized representative it
should specify an appropriate report on the operation performed or a copy of the Depositor’s
order with the Depository’s note of impossibility of its performance as well as any other
documents against signature in log of documents issued to the depositors. If sent by post, report
other documents shall be sent by registered post. When sending documents by post, the report
(as well as any other document sent by the Depository) shall be considered received by the
addressee on the fifth (5th) business day from the date of dispatch. The Depository shall issue
of reports and other documents to the Depositors every business day from 10:00 a.m. UTC+3
to 5:00 p.m.UTC+3.
5.16. In the event of conclusion of an additional agreement with the Depositor on the use
of the SWIFT system, Bank ICBC (JSC) and the Depositor may use the SWIFT system for
preparation and transfer of information under the depository agreement except for the
information of operations determined hereunder as administrative ones. Communications
transferred by Bank ICBC (JSC) and the Depositor under the depository agreement may be
14
prepared in accordance with the SWIFT system formats. Communications sent and received
via the SWIFT system do not have to be repeated on paper.
Chapter 6. Classification of the operation executed by the Depository
6.1. The Depository uses the following classification of the depository operations:
inventory operations;
administrative operations;
information operations;
package operations;
global operations.
6.2. Inventory operations include operations resulting in changes in the balances of
securities in the securities accounts or other accounts:
Deposit shall mean receipt of securities for storage and accounting;
Withdrawal shall mean removal of securities from storage and accounting;
transfer shall mean the operation of withdrawal of securities from a securities account (any
other account, subaccount of a securities account, other account) with simultaneous depositing
to another securities account (any other account, securities subaccount, other account), provided
that the quantity of securities in the accounts affected does not change;
Relocation shall mean an operation of withdrawal of securities from a securities account in
one storage place and deposit of such securities to a securities account in another storage place.
6.3. Administrative operations include operations resulting in changes in the Depositors’
securities account questionnaires and other accounting registers of the Depository, except for
balances of securities in the Depositors’ securities accounts or other accounts:
Opening securities accounts or other accounts (subaccounts of securities accounts or other
accounts);
Closing securities accounts or other accounts (subaccounts of securities accounts or other
accounts);
Modification of questionnaire details;
Acceptance of securities issues for servicing;
Termination of servicing of securities issues;
Restriction on transactions with the issue of securities;
Removal of restriction on transactions with the issue of securities.
6.4. Information operations include depository operations related to preparation upon the
Depositor’s or the Depositor’s authorized representative’s request of reports and statements on
the of securities accounts and other accounting registers of the Depository or on Depository
operation performance, preparation of information on securities owners, Depositors, other
informational operations.
6.5. Package operations include depository operations that include different operation types
as components, i.e. inventory, administrative, information ones:
Securities encumbrance shall mean an operation resulting in making a record on a securities
account (any other account) confirming that the securities are encumbered, including in the
event of pledge of securities. The operation shall include an inventory operation of withdrawal
of securities from one subaccount of the securities account, any other account and the inventory
operation of depositing them to the pledged subaccount of the same securities account, the other
15
account as well as recording the information on encumbrance of securities in accordance with
the Russian law;
Securities disposal limitation shall mean an operation upon resulting in making a record
(records) on the securities account (any other account) confirming that securities operations are
limited for reasons provided for hereunder (on orders of authorized state bodies as well as for
any other reasons, including seizure, except for registration of encumbrances of the securities,
limitation of operation for corporate action performance, fulfillment of obligations). The
operation shall include an inventory operation of withdrawal of securities from one subaccount
of the securities account, any other account and the inventory operation of depositing them to
a different subaccount of the same account, the other account (sections: blocked, blocked for
corporate action, blocked for fulfillment of obligations) as well as recording the information on
limitation of securities in accordance with the legislation of the Russian Federation;
Securities encumbrance termination shall mean an operation resulting in making a record
on a securities account (any other account) confirming that the securities are released from
encumbrance. The operation shall include an inventory operation of withdrawal of securities
from the pledged subaccount of the securities account, any other account and the inventory
operation of depositing them to another subaccount of the same or any other securities account,
the other account as well as recording the information on termination of encumbrance of
securities in accordance with the legislation of the Russian Federation;
Termination of securities disposal limitation shall mean an operation resulting in making a
record on a securities account (any other account) confirming that any limitations are removed
from securities operations for the reasons established under the Terms and Conditions and
requirements of the legislation of the Russian Federation. The operation shall include an
inventory operation of withdrawal of securities from one subaccount of the securities account
(sections: the blocked, blocked for corporate action, blocked for fulfillment of obligations), any
other account and the inventory operation of depositing them to a different subaccount of the
same account, the other account as well as recording the information on termination of
limitation of securities in accordance with the legislation of the Russian Federation;
Suspension of operations in the securities account shall mean an operation, upon which a
ban is imposed on some inventory operations on the securities account as a whole or for
individual subaccounts of the securities account when the Depository receives information on
the Depositor’s death, when the Depositor fails to fulfill its obligations to Bank ICBC (JSC), in
securities accounts of a liquidated Depositor, in accordance with a resolution of an authorized
state body, in other cases. The operation shall include the operation of withdrawal of securities
from all subaccounts of the securities account, any other account, and their depositing to the
blocked subaccount of the same securities account, the other account. If operations are
suspended on the securities account as a whole, the operation includes an administrative
operation of blocking the securities account;
Resumption of operations in the securities account shall mean an operation, upon which the
ban on inventory operations оn the securities account as a whole or for individual subaccounts
of the securities account is removed. The operation shall include the operation of withdrawal
of securities from the blocked subaccount of the securities account, any other account and their
depositing to the subaccounts of the same or different securities account, any other account. If
operations were suspended on the securities account as a whole, the operation includes an
administrative operation to remove restriction the securities account.
6.6. Global operations shall include depository operation resulting in the change of all or
most of accounting registers of the Depository related to that particular issue of securities:
16
Securities conversion shall mean an operation on exchange of previously placed securities
with placed (or marketable) securities of the same issuer with redemption of the former. The
operation shall be performed by the inventory operation of securities withdrawal of one issue
from the Depositor’s securities account and the inventory operation of securities depositing of
another issue to the same securities account of the same Depositor on the basis of a report
(statement) of the correspondent depositor or the registrar;
Distribution of additional securities among the owners shall mean depositing to securities
accounts of the Depositor that has in its securities account a non-zero securities balance as at
the date specified by the issuer, pro rata which the additional securities of the new issue are
distributed based on a report (statement) of the correspondent depositor or the registrar. The
operation is carried out by performing an inventory operation of crediting additional securities
of the new issue;
Securities cancellation (redemption) shall mean the inventory operation of securities
withdrawal of a redeemed (cancelled) issue from the Depositor’s securities account based on a
report (statement) of the correspondent depositor or the registrar;
Securities split or consolidation shall mean the inventory operation of securities withdrawal
of one or several issues from the Depositor’s securities account and depositing securities of any
other issue (issues) to the same securities account of the Depositor based on a report (statement)
of the correspondent depositor or the registrar;
Consolidation of additional issues of issue-grade securities shall mean the inventory
operation of securities withdrawal of additional issues from the Depositor’s securities account
and depositing the securities of the base issue to the same securities account of the same
Depositor on the basis of a report (statement) of the correspondent depositor or the registrar;
Cancellation of the individual number (code) of additional issues of issue-grade securities
by making a record in the depository registration system on cancellation of the individual
number (code) of an additional securities issue and assignment to the securities of the additional
issue of an individual state registration number of the issue, to which this issue is additional;
Payment of income on securities shall mean receipt and transfer of the income on securities
payable to the Depositor;
Other operations.
Chapter 7. Administrative operations. Opening of securities accounts, other accounts, securities subaccounts
7.1. Bank ICBC (JSC) shall open a securities account for the customer on the basis of a
depository agreement, provided that the Depository submits documents containing information
that allows identifying the customer, its representatives, beneficiary owners, and beneficiaries.
7.1.1. Subject of the operation: receipt of documents from the customer required to
conclude a depository agreement, introduction into the Depository’s accounting registers of
complete information on the Depositor enabling performance of operations under these Terms
and Conditions.
On the basis of depository agreements, Bank ICBC (JSC) shall open securities accounts for
registration of rights to securities:
Owner securities account shall be opened for Depositors to register securities belonging
them on the basis of the right of ownership or any other proprietary right;
Nominee securities account shall be opened to register rights to securities, of which the
17
nominee holder is not the owner and which it registers on behalf of its Depositors;
Foreign nominee securities account shall be opened for a foreign entity acting on behalf of
other person;
Depository program securities account is opened for a foreign depository, i.e. a party
placing (having placed) under a foreign law the securities confirming rights in regard of issue-
grade securities of Russian issuer;
Treasury securities account of the issuer (party liable on securities) shall be opened for the
issuer (party liable on securities) for registration of rights to securities issued by it;
The trustee securities account shall be opened for persons who have a license for the right
to carry out activities of the trust management of securities (unless the trust management is
related only to the exercise by the trustee of the securities rights). On this account, the rights of
the trustee in respect of the securities in trust are accounted;
Securities account of a foreign authorized holder shall be opened for a foreign entity;
A trading securities account is a separate securities account complying with the following
requirements:
- In such account, those securities are registered, which may be used for the fulfillment
and/or securing the fulfillment of obligations allowed for clearing as well as obligations on
remuneration payment to a clearing organization and organizations specified in Federal Law
No. 7-ФЗ On Clearing, Clearing Activities, and Central Counterparty dated February 7, 2011;
- Operations in this account shall be performed either based on the orders of the clearing
organization without the order of the party, for which such account was opened, or based on
the order of the party, for which such account was opened, upon consent of the clearing
organization.
A trading securities account shall be opened for Depositors subject to concluded owner
securities account agreement, or nominee securities account agreement, or foreign nominee
securities account agreement, or agreement for treasury securities account of the issuer (party
liable on securities), trustee securities account, securities account of a foreign authorized holder.
No conclusion of a separate agreement and preparation of a separate Depositor questionnaire is
required. A trading account is opened with a reference to the clearing organization that may
give directions on that account.
A securities account may be opened for one depositor only, except the cases of opening
securities accounts to securities share ownership participants who are not partners under the
investment partnership agreement.
The number of securities accounts that may be opened for one Depositor under one
depository agreement, including the number of securities accounts of the same type, is not
limited.
Except for the above securities accounts in accordance with the legislation of the Russian
Federation, the Depository may open other accounts or accounts not intended for registration
of rights to securities if the legislation of the Russian Federation provides for opening such
accounts, particularly, an unidentified party account. An unidentified party account shall be
opened on the basis of the Depository’s duty assignment, active securities accounts - on the
basis of the order of the depositor, the Depository’s duty assignment, upon receipt of a notice
on opening of an account for Bank ICBC (JSC) as a nominee from the correspondent depository
or the registrar. The account is used for depositing securities in the event of receipt of a
document confirming securities depositing to the personal account of Bank ICBC (JSC) acting
as a nominee holder in the register of securities owners or securities account of a correspondent
18
depository, provided that there is no basis for depositing the securities to the securities account
of Bank ICBC (JSC).
Securities accounts and other accounts may be opened without simultaneous depositing of
securities to them.
7.1.2. Incoming documents:
1) Documents to be submitted by individuals who are citizens of the Russian Federation
under Annex 1 hereto;
2) Documents to be submitted by individuals who are foreign citizens or stateless persons
under Annex 2 hereto;
3) Documents to be provided by legal entities established under the legislation of the
Russian Federation under Annex 3 hereto;
4) Documents to be provided by individuals who are individual entrepreneurs or by
individuals engaged in private practice in the manner established under the legislation of the
Russian Federation under Annex 4 hereto;
5) Documents to be provided by legal entities (stand-alone business units of legal entities)
established under the legislation of a foreign country under Annex 5 hereto;
6) Application to Open a Trading Securities Account(s) under a Previously Concluded
Depository Agreement (Annex 11 hereto) in case of opening of a trading securities account;
7) Application to Open a Securities Account(s) under a Previously Concluded Depository
Agreement (Annex 12 hereto) in case of opening a securities account (accounts) under the
depository agreement concluded earlier.
7.1.3. Specifics of document submission by non-residents of the Russian Federation:
- Documents issued out of the Russian Federation shall be legalized in accordance with
the legislation of the Russian Federation;
- The said documents may be submitted without legalization in cases provided for under
international treaties of the Russian Federation, particularly if the documents were executed in
the territory:
Of member states of the Hague Convention Abolishing the Requirement of Legalization for
Foreign Public Documents 1961 (in the presence of an apostille, submitted on the same
document or a separate sheet by the competent authority of a foreign state in accordance with
the requirements of the Convention);
Of member states of the Convection on Legal Assistance and Legal Relations in Civil,
Family, and Criminal Matters of 1993;
Of the countries with which the Russian Federation has concluded agreements on legal
assistance and legal relations in civil, family, and criminal cases.
- Documents prepared in whole or in any part thereof in a foreign language (with the
exception of personal identification documents of individuals, issued by the competent
authorities of foreign states, written in several languages, including the Russian language) are
submitted with duly certified translation into the Russian language. An exception is the identity
documents of natural, issued by the competent authorities of foreign states, provided that the
individual has a document certifying the right of their legal stay on the territory of the Russian
Federation;
- In the preparation of the banking sample signatures and seal card it is allowed to specify
the line-by-line translation of the card’s fields into a foreign language, the signature of all
persons authorized to sign shall be certified by a notary, the seal on the documents shall be
provided, if any.
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7.1.4. For the purpose of conclusion of a depository agreement, Bank ICBC (JSC) may
accept a certified extract from internal documents executed in the course of its activity or a
certified extract from documents directly connected with the operation of the customer and
executed in the course of activity of legal entities (authorities) in charge of the customer. The
extract from internal documents executed in the course of the customer’s activities shall be
confirmed in the manner established under the legislation of the Russian Federation or by the
customer with indication of the full name of the officer confirming the extract, handwritten
signature, and seal (stamp, if none) of the customer. The extract from documents directly
connected with the operation of the customer and executed in course of activities of legal
entities (authorities) in charge of the customer shall be confirmed in the manner established
under the legislation of the Russian Federation or by the legal entity (authority) in charge of the
customer with indication of the full name and title of the person confirming the extract,
handwritten signature, and seal (stamp, if none) of the legal entity (authority) unless established
otherwise by the relevant legal entity (authority).
7.1.5. If the customer submitted to Bank ICBC (JSC) the aforesaid documents earlier in
connection with opening of an account in Bank ICBC (JSC) or conclusion with Bank ICBC
(JSC) of an agreement, contract, etc., including not related to opening of an account, depository
agreement, no repeated submission of documents shall be required for conclusion of a
depository agreement or in the course of rendering the depository services.
7.1.6. Outgoing documents:
Report on the operation performance — a certificate of opening (closing) a securities
account (Annex 15 to the Terms and Conditions).
7.1.7. Performance schedule:
1) Acceptance of all incoming documents — T1 day;
2) Document check up, identification of a customer, beneficiary owner, beneficiary,
customer’s authorized representative — T+3 day2;
3) Approval of a depository agreement — T+6 day;
4) Signature of a depository agreement — T+8 day;
5) Operation execution — T+9 day;
6) Issue of the operation performance report to the Depositor — T+10 day.
7.2. The following subaccounts may be opened for the Depositor within the framework of
the securities account:
1) Basic subaccount, for which there are no limitations for operations permitted under
these Terms and Conditions. The subaccount shall be opened in case of opening a securities
account for the Depositor without additional orders;
2) Trading subaccount, intended for reflection of trading operations in the exchanges. The
subaccount shall be opened in the event of opening for the Depositor of a trading securities
account (clearing organizations are Non-bank Credit Institution — central counterparty
National Clearing Center (Joint-Stock Company) (NBCI NCC (JSC)) or Non-Bank Credit
Institution National Settlement Depository, Joint Stock Company (NBCI NSD, JSC) without
any additional orders of the Depositor;
3) Re-registration subaccount intended for the registration of securities, for which the
Depository received an order for relocation of securities. A report should be received on
1 hereinafter – the “day” shall mean a business day unless specified otherwise 2Hereinafter the maximum performance time is specified
20
withdrawal of securities by the correspondent depository or the registrar where the said
securities were registered, but there should be no report on depositing the securities by the
correspondent depository or the registrar where the securities will be registered. The subaccount
is also used in withdrawal of securities with preliminary recording of the fact of limitation of
operations with securities for the respective subaccount;
4) Pledged subaccount, intended for registration of encumbrance of rights to securities;
5) Blocked for corporate operations subaccount intended for registration of securities, in
regard of which corporate operations of the issuer are expected;
6) Blocked for fulfillment of obligations subaccount intended for registration of
encumbrance of the Depositor’s securities with transaction obligations. Securities operations
are blocked in the event of conclusion between Bank ICBC (JSC) and the Depositor of a
brokerage agreement when Bank ICBC (JSC) receives an order to enter into an operation with
securities not via the exchange;
7) Blocked subaccount, intended for registration of restriction of rights to securities except
for the cases described in paragraphs 5—7 of this Clause;
8) Surplus subaccount intended for the registration of surplus securities emerging in the
course of a global operation upon the issuer’s order or resulting from discovery of surplus
securities certificates in the vault of Bank ICBC (JSC) (subaccount shall be opened in
unidentified party securities account);
9) Shortage subaccount intended for registration of shortage of securities identified in the
course of an audit.
10) Certificates in custody subaccount intended for registration of certificated securities
certificates of which are in securities.
11) Certificates in custody, certificates checked, reissued, in transit subaccount intended for
registration of certificated securities, certificates of which are being accepted or issued, undergo
authenticity check-up, are reissued, have been seized by the law enforcement authorities.
The subaccounts: under re-registration, blocked, pledged, blocked for conducting corporate
actions, blocked for fulfillment of obligations, excess, shortage, certificates in custody,
certificates checked, reissued, in transit — are opened on the basis of the Depository’s duty
assignment, including admission to the Depository the report of the correspondent Depository
on the admission of securities to the relevant subaccount, open on account of the nominal holder
of Bank ICBC (JSC) in the Depository-correspondent.
The list of securities subaccounts is not exhaustive and may be modified or extended by the
Depository. On the Depositor’s orders made in an informal form requesting opening of a
necessary subaccounts, other subaccounts may be opened by the Depository.
7.2.1. Incoming documents:
Depository agreement, the Depository-correspondent’s report, the Depository’s duty
assignment, the Depositor’s letter, Application to Open a Trading Securities Account(s) under a
Previously Concluded Depository Agreement (Annex 11 hereto) in the event of opening of the
basic and trading subaccount in the trading securities account or Application to Open a
Securities Account(s) under a Previously Concluded Depository Agreement (Annex 12 hereto)
in case of opening of the basic subaccount in a securities account opened under the depository
agreement concluded earlier.
7.2.2. Outgoing documents:
Report on operation performance is a certificate of opening (closing) a securities subaccount
(Annex 16 to the Terms and Conditions).
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7.2.3. Performance schedule:
1) acceptance of incoming documents — T day;
2) operation execution — T+1 day;
3) issue of the operation performance completion report — T+2 day.
Chapter 8. Administrative operations. Closing of securities accounts, modifying the questionnaire details, other administrative operations
8.1. Closing of securities accounts is arranged in the following cases:
- In the event of termination of contractual relationships between Bank ICBC (JSC) and
the Depositor;
- Upon the Depositor’s application in writing (Annex 14 to the Terms and Conditions for
Legal Entities, Annex 13 to the Terms and Conditions for individuals);
- Upon resolution of authorized state bodies in accordance with the legislation of the
Russian Federation; upon resolution of authorized state bodies in accordance with the
legislation of the Russian Federation;
- At the Depository’s initiative if for a year no operations were performed in the account
(for a zero balance account);
- Closing of the depositor-credit institution securities account is carried out in case of
revocation by the Bank of Russia of the license for banking operations with simultaneous
termination of the Depository agreement, in the absence of securities on the depositor's
securities account on the basis of the decision of the Bank of Russia.
Closing of a securities account of deceased Depositor in the event of absence of any
securities in the securities account shall be performed on the basis of the notarized copy of the
certificate of death of the Depositor, or certificate of inheritance rights, or an effective court
ruling on declaring the Depositor dead, or any other document confirming the Depositor’s death
in accordance with the legislation of the Russian Federation.
Closing of the securities account in the event of the Depositor’s liquidation with
simultaneous termination of the depository agreement in the event of absence of any securities
in the Depositor’s securities account shall be performed on the basis of a document confirming
making an entry into the Uniform State Register of Legal Entities on liquidation of legal entity
(entry on removal of legal entity from the Uniform State Register of Legal Entities as not
operating).
Closing of a securities account in the event of reorganization of the predecessor Depositor
that is a legal entity shall be performed on the basis of and a copy of transfer certificate (in the
event of merger, accession or reorganization) and dividing balance sheet (in the event of
splitting up or spin-off) confirmed by the successor as well as of a notarized copy of a document
confirming making an entry into the Uniform State Register of Legal Entities on incorporation
of the successor legal entity.
Other accounts shall be closed upon duty assignments of the Depository. No securities
account (other account) may be closed if the balance in the personal accounts is positive.
Neither closed account may be reopened. When closing the securities account all subaccounts
opened in it shall be closed.
Subject of the operation: recording information in the Depository’s registers, which would
ensure impossibility of any operations in the account. Information on a closed securities account
shall be stored for five (5) years from the date of closing the account.
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8.1.1. Incoming documents:
the Depository’s duty assignment, the Depositor’s application (Annexes 13, 14 hereto),
order of an authorized state bodies, an original or a notarized copy of certificate of death of the
Depositor that is an individual, certificate of inheritance rights, effective court ruling on
declaring the Depositor deceased or any other document confirming death of the Depositor that
is an individual in accordance with the legislation of the Russian Federation, a document
confirming making an entry into the Uniform State Register of Legal Entities on liquidation of
legal entity (entry on removal of legal entity from the Uniform State Register of Legal Entities
as not operating), a copy of transfer certificate (in the event of merger, accession of
reorganization) and dividing balance sheet (in the event of splitting up or spin-off) confirmed
by the successor, a notarized copy of a document confirming making an entry into the Uniform
State Register of Legal Entities on incorporation of the successor legal entity, decision of the
Bank of Russia on revocation of banking license, other documents.
8.1.2. Outgoing documents:
Report on operation performance — a certificate of opening (closing) a securities account
(Annex 15 to the Terms and Conditions).
8.1.3. Performance schedule:
1) acceptance of incoming documents — T day;
2) operation execution — T+1 day;
3) issue of the operation performance completion report — T+2 day.
If the Depositor has any successors, the report on operation performance shall be the last
document to be submitted.
8.2. Closing of securities subaccounts is arranged in the following cases:
- Closing of a securities account;
- Upon the Depositor’s letter;
- At the Depository’s instance, in cases not contravening the legislation of the Russian
Federation and these Terms and Conditions.
8.2.1. Incoming documents:
The Depository’s duty assignment, the Depositor’s application (Annexes 13, 14 to the
Terms and Conditions), the Depositor’s letter requesting closing of the subaccount, decision of
the Bank of Russia on revocation of banking license, other documents.
8.2.2. Outgoing documents:
Report on operation performance is a certificate of opening (closing) a securities subaccount
(Annex 16 to the Terms and Conditions).
8.2.3. Performance schedule:
1) Acceptance of incoming documents — T day;
2) Operation execution — T+1 day;
3) Issue of the operation performance completion report — T+2 day.
8.3. In the event of modification of the questionnaire details, the Depositor shall
provide relevant information to the Depository.
8.3.1. Subject of the operation: registration in the Depository of modifications in the
Depositor’s details.
8.3.2. Incoming documents:
- Depository Order to Register Changes in the Customer Information Form (Legal
Entity/Individual) (Annex 17 to the Terms and Conditions). In the event of reorganization of
the Depositor that is a legal entity, the order shall be signed by the Depositor’s successor;
23
- The questionnaire containing all necessary modifications and executed in accordance
with the requirements of these Terms and Conditions (Annex 6 to the Terms and Conditions,
Annex 7 to the Terms and Conditions). In the event of reorganization of the Depositor that is a
legal entity, the questionnaire shall be signed by the Depositor’s successor;
- Documents confirming the modifications made, including documents received from the
Uniform State Register of Legal Entities, for a foreign legal entity, from a trade register or any
other accounting register of the state where the legal entity is registered, other documents. In
the event of the Depositor’s reorganization, a copy of transfer certificate shall be provided
confirmed by the reorganized legal entity or an extract from the transfer certificate signed by
the head and the chief accountant of the legal entity.
8.3.3. Outgoing documents:
- Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions);
- the copy of the new questionnaire provided by the Depositor, with a signature of the
Depository’s employee.
8.3.4. Performance schedule:
1) receipt of order for registration of modifications in the customer questionnaire for a
legal entity or individual and other documents — T day;
2) operation execution — T+2 day;
3) issuing a report on modifications of the questionnaire — T+3 day.
8.4. Securities shall be deemed accepted for service to the Depository after the presentation
in the accounting records of Depository of the data allowing the unique identification of the
issue of securities, and for non-issue-grade certificated securities — from the moment of receipt
by the Depository of the duly executed securities.
8.4.1. The originator of the receipt of a securities issue for servicing may be:
the Depository;
the Depositor;
the issuer of that issue;
the registrar;
another depository, with which the Depository has a nominee security account.
8.4.2. For non-issue-grade certificated securities the receipt of duly executed securities
shall serve the basis for the receipt of securities for servicing.
8.4.3. When receiving a securities issue for servicing, the Depository, beside the
information received from the originator, shall use the information from one of the below
documents provided to the Depository or received by the Depository in the course of
performance of the procedure for acceptance of securities issues for servicing and including
information sufficient for identification of the securities issue and for their issuer:
A copy of registered decision on issuance (in electronic form);
A copy of a notice of the registration body on the registration of the securities issue (in
electronic form);
A copy of the terms of issuance and trading of the securities (in electronic form);
Information in disclosure databases on issuers and their securities issues maintained by the
regulatory authority or a self-regulated organization;
Information provided by other depositories, international clearing agencies, international
and Russian information agencies as well as financial institutions, including via the Internet.
24
8.4.4. The depository may refuse the acceptance to the person initiating the procedure of
acceptance of a securities issue for servicing specifying the reason for such refusal.
8.4.5. The depository may not accept securities for servicing if:
- The securities are declared redeemable before being deposited in the Depository;
- An order or notice is received for this securities issue on suspension of operations;
- The receipt of such securities is prohibited by law, an act of state authority, resolutions
of self-regulated organizations, of which the Depository is a member;
- The Depository has any doubts regarding the authenticity of securities certificates;
- There is no legal basis for depository registration of a particular type of non-issue-grade
securities.
8.4.6. If the Depositor is the originator of the receipt of a securities issue for servicing, the
Depository shall send to the depositor a report on the execution of the administrative operation
not later than the next day after the execution of the operation (in the case of sending a report
to the nominee holder — on the day of execution of the operation) (Annex 28 to the Terms and
Conditions).
8.5. Termination of servicing of securities issues in the Depository shall be performed on
the following grounds:
- Expiry of the term of the securities trading and/or their maturity;
- Resolution of a regulatory body to declare the securities issue void or to cancel the issue;
- Modification of terms and conditions of securities trading making any further servicing
impossible;
- Liquidation or reorganization of the securities issuer;
- At the Depository’s initiative;
- Entry into force of a court ruling on the invalidity of the securities issue;
- Conversion of the securities;
- Consolidation of additional securities issues and assigning a uniform state registration
number to them.
8.5.1. The Depository may not stop servicing a securities issue if the securities of this issue
are registered in the Depositor’s securities account.
8.5.2. Upon the termination of servicing of the securities issue, the Depository shall store
the information on the securities issue for five (5) years.
8.6. Restriction on transactions with the issue of securities is made in connection with
receipt to the Depositary of documents from the registrar, the correspondent depositary,
authorized bodies, information from the issuer, other documents according to the legislation of
the Russian Federation containing information on restriction of transactions with the issue of
securities.
8.6.1. Subject of the operation: registration in the Depository restriction on transactions
with the issue of securities.
8.6.2. Incoming documents:
- documents from the registrar or the correspondent depositary, authorized bodies, issuer,
other documents.
8.6.3. Outgoing documents:
- Report on the execution of administrative operation issued to the Depositor (Annex 28
to the Terms and Conditions).
8.6.4. Performance schedule:
1) receipt of incoming documents - T day;
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2) execution of the operation-day - T day;
3) issuance of the report – T+1 day (issuance of the report to the nominee holder — T day).
8.7. Removal of the restriction on transactions with the issue of securities is made in
connection with receipt to the Depositary of documents from the registrar, the correspondent
depositary, authorized bodies, information from the issuer, other documents according to the
legislation of the Russian Federation containing information of removal on restriction of
transactions with the issue of securities.
8.7.1. Subject of the operation: registration in the Depository of removal of restriction on
transactions with the issue of securities.
8.7.2. Incoming documents:
- documents from the registrar, the correspondent depositary, authorized bodies, issuer,
other documents.
8.7.3. Outgoing documents:
- Report on the execution of administrative operation issued to the Depositor (Annex 28
to the Terms and Conditions).
8.7.4. Performance schedule:
1) receipt of incoming documents — T day;
2) execution of the operation-day — T day;
3) issuance of the report — T+1 day (issuance of the report to the nominee holder —
T day).
Chapter 9. Inventory operations
9.1. The Depository shall arrange deposit of securities to the Depositor’s securities account
in case of their deposit to personal account (securities account) of a nominee holder of Bank
ICBC (JSC) in the register of securities owners (correspondent depository).
9.1.1. Subject of the operation: the deposit of securities to the Depositor’s securities account
in reregistration of securities in the name of Bank ICBC (JSC) as a nominal holder in the register
of securities owners of in deposit of securities to a securities account of a nominee holder of
Bank ICBC (JSC) in a correspondent depository (except for depositing securities upon
performance by the Depositor of transactions concluded in the trading system of the exchange
for the Depositors’ trading securities accounts).
9.1.2. Incoming documents:
- The Depository Order for the deposit of securities to the securities account (Annex 18 to
the Terms and Conditions). If the order includes the time frame and/or terms and conditions of
its performance, the Depository shall take into account such time frame and/or terms and
conditions;
- In the event the Depositor concludes a transaction not via the exchange within the
framework of brokerage services rendered by Bank ICBC (JSC), a copy of the order for
transaction conclusion not via the exchange and an original or a copy of the agreement for
transaction not via the exchange;
- Notice from the registrar, report of the correspondent depository on the performance of
the operation on securities deposit to the personal account (securities account) of a nominee
holder of Bank ICBC (JSC);
- Other documents upon the Depository’s request in accordance with the legislation of the
Russian Federation and regulations of Bank of Russia.
26
Where it is impossible to definitively correlate the notice from the registrar (report of the
correspondent depository) and the depository order, the Depository may demand that under the
procedure (Terms and Conditions of Depository Activities) of the correspondent depository,
the Depositor should provide additional documents in accordance with the requirements of the
correspondent depository or registrar, particularly the originals or notarized copies of
agreements, which are the basis for operation performance, notices (reports) on operation
performance, other documents.
9.1.3. Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
9.1.4. Performance schedule:
1) Receipt from the Depositor of the order for depositing securities to the securities
account, other required documents, receipt by the Depository of a copy of the order for
transaction conclusion not via the exchange and an original or a copy of the agreement for
transaction not via the exchange — T day;
2) Receipt of the notice (report) from the registrar or correspondent depository on
deposit of securities to the personal account (securities account) of Bank ICBC (JSC) as a
nominee holder in the register of securities owners (correspondent depository) — M day;
3) deposit of securities to the ‘unidentified party’ account (if M day is before T day) —
day M;
4) Transfer of securities from an ‘unidentified party’ account to the Depositor’s
securities account (if M day is before T day) — T day;
5) Deposit of securities to the securities account of the Depositor (if T day coincides
with M day) — M day.
The deposit of securities to the Depositor’s securities account shall be performed only upon
positive completion of comparison of the details of the Depositor’s order with the details of the
notice from the registrar (report of the correspondent depository) on performance of the deposit
of securities to the personal account (securities account) of the nominal holder;
6) Issuance of outgoing documents to the Depositor: if T day is before M day — M+1
day (on the nominee securities account — M day); if M day is before T day — T+1 day (on the
nominee securities account — T day).
In the event of deposit to the Depositor’s securities account of securities received as a result
of return or of securities improperly acquired by other parties due to an error (or of securities,
to which they were converted,) as well as in a month from the date of deposit of securities to
an unidentified party account of another depository/registrar, the Depository’s report on deposit
of securities to the Depositor’s securities account provided to the Depositor shall include
reference to the fact that the securities were deposited to the securities account due to their
return to that securities account, from which such securities were withdrawn, or securities,
which were converted to them.
9.2. The Depository shall arrange withdrawal of securities from the Depositor’s securities
account in their withdrawal from a personal account (securities account) of a nominee holder
of Bank ICBC (JSC) in the register of securities owners (correspondent depository).
9.2.1. Subject of the operation: the withdrawal of securities from the Depositor’s securities
27
account for reregistration of securities from the personal account of Bank ICBC (JSC) as a
nominal holder in the register of securities owners or in the withdrawal of securities from a
securities account of a nominee holder of Bank ICBC (JSC) in a correspondent depository
(except for withdrawal of securities upon performance by the Depositor (the Depositor’s
authorized representative) of transactions concluded via the trading system of the exchange for
the Depositors’ trading securities accounts).
9.2.2. Incoming documents:
- The Depository Order to Withdrawal Securities from securities account (Annex 19 to the
Terms and Conditions) with reference to the personal account (securities account) number in
the register of securities owners (in the correspondent depository), to which the securities
withdrawn should be deposited as well as other necessary details. If the order includes the time
frame and/or terms and conditions of its performance, the Depository shall take into account
such time frame and/or terms and conditions;
- In the event the Depositor concludes a transaction not via the exchange within the
framework of brokerage services rendered by Bank ICBC (JSC), a copy of the order for
transaction conclusion not via the exchange and an original or a copy of the agreement for
transaction not via the exchange;
- Notice from the registrar (report of the correspondent depository) on the performance of
the operation on securities withdrawal from the personal account (securities account) of a
nominee holder of the Depository;
- Other documents at the Depository’s request.
The Depository may demand that the Depositor should, under the procedure (Terms and
Conditions of Depository Activities) of another depository, provide additional documents in
accordance with the requirements of another depository/registrar, particularly the originals or
notarized copies of agreements, which are the basis for operation performance, notices (reports)
on operation performance, other documents.
9.2.3. Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
- Notice (statement, report) of the registrar or correspondent depository on performance
of the operation on withdrawal of specified securities from the account of Bank ICBC (JSC)
(on the request of the Depositor or another operation originator).
9.2.4. Performance schedule:
1) Receipt from the Depositor of the order for withdrawal of securities from the securities
account with the Depository — T day;
2) Sending to the registrar of transfer order, other necessary documents (or depository
order to the correspondent depository) for reregistration of securities from the personal account
(securities account) of a nominee holder of Bank ICBC (JSC) in the register of securities owners
(correspondent depository) to the account specified by the Depositor in its depository order —
T+1 day;
3) Recording of the fact of limitation of operations with securities specified by the
Depositor in its depository order, by transferring securities to reregistration subaccount of the
same securities account of the Depositor, delivery of the operation report to the Depositor —
28
T+H day, where H is the day when the Depository received a report from the correspondent
depository on recording the fact of limitation of operations with securities;
4) Receipt of the notice from the registrar (report of the correspondent depositor) on the
performance of operation on withdrawal of securities from the nominee personal account
(securities account) in the register of securities owners (correspondent depository) of the
Depository — T+H+M day, where M is time during which the registrar (correspondent
depository) performed the transfer order (depository order) of the Depository and provided the
Depository a notice or a report on the operation performed;
5) Withdrawal of securities specified in the Depositor’s order from its securities
account — T+H+M day;
6) Issue to the Depositor of outgoing documents — Т+Н+М+1 day (on the nominee
securities account — T day).
In the event of refusal of the registrar or the correspondent depository to perform the
reregistration of the ownership rights, the Depository shall provide a copy of such refusal to the
Depositor. If such refusal is due to erroneous actions of the Depositor, the latter shall
compensate Bank ICBC (JSC) for the expenses for the performance of such order.
The Depositor’s order shall be deemed performed.
9.3. The Depository performs operations on transfer of securities between securities
accounts and between subaccounts of the same securities account.
9.3.1. Subject of the operation: making records on the withdrawal of securities from a
subaccount of one securities account and their depositing to a subaccount of another securities
account or the withdrawal of securities from one subaccount of a securities account and their
depositing to another subaccount of the same securities account.
9.3.2. Incoming documents:
- Transfer Order of the originator Depositor or the Depository (if the originator of this
operation is the Depository, authorized state bodies or the issuer) (Annex 20 to the Terms and
Conditions);
- Depository Order of the beneficiary Depositor (in the event of securities transfer from
securities account of one Depositor to securities account of another Depositor);
- The Depository’s duty assignment (if necessary, in cases of securities transfer under the
legislation of the Russian Federation, including in cases specified herein);
- Other documents.
9.3.3. Outgoing documents:
- report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
9.3.4. Performance schedule:
1) receipt of the originator depositor’s order — T day;
2) receipt of the beneficiary depositor’s order — N day;
3) securities transfer — day Т+1 (if N<Т), N+1 (if Т<N);
4) issue of reports to the Depositors — Т+2 day (if N<Т), N+2 day (if Т<N).
9.4. The depository shall perform operations on relocation (change of place of securities
storage).
9.4.1. Subject of the operation: making records on relocation (change of securities storage
29
place). In relocation of securities, the balance of securities registered in the Depositor’s
securities account does not change. In addition, an operation is performed of withdrawal of the
securities relocated from a securities account in one storage place and deposit to a securities
account in another storage place.
9.4.2. Incoming documents:
- The Depository Order to Change Securities Storage Place (Annex 21 to the Terms and
Conditions);
- notice from the registrar (report of the correspondent depositor) on the operation on the
nominee personal account (securities account) of the Depository (if such operation resulted in
increase or decrease of the balance in the nominee personal account (securities account) of the
Depository in the register of securities owners (correspondent depository);
- Other documents at the Depository’s request.
9.4.3. Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
9.4.4. Performance schedule:
1) Receipt of orders for relocation of securities — T day;
2) Sending to the registrar of transfer order, sending to the correspondent depository of
depository order, other necessary documents for withdrawal of securities from the nominee
personal account (securities account) of Bank ICBC (JSC) in the register of securities owners
(correspondent depository) — T day;
3) Sending to the registrar of transfer order, other necessary documents (sending a
depository order to the correspondent depository) for deposit of securities to the nominee
personal account (securities account) of Bank ICBC (JSC) in the register of securities owners
(correspondent depository) — T+1 day;
4) Recording of the fact of limitation of operations with securities specified by the
Depositor in its depository order, in the Depositor’s securities account by transferring securities
to the reregistration subaccount — T+H day, where H is the day when the Depository received
a report from the correspondent depository, from which the securities are transferred; the report
on recording of the fact of limitation of operations with securities or of securities withdrawal;
5) Receipt of notices from the registrar (reports of the correspondent depositor) on the
performance of operation on deposit or withdrawal of securities to the nominee personal
account (securities account) (from the personal account or securities account) in the register of
securities owners (correspondent depository) of the Depository and reflecting of the operation
on securities accounts in the Depository — T+H+M+1 day, where M is time, during which the
registrar (correspondent depository) performed the transfer order (depository order) of the
Depository and provided the Depository a notice or a report on the operation performed;
6) Issue to the Depositor of outgoing documents — Т+Н+М+1 day (on the nominee
securities account — T+H+M day).
9.5. The Depository arranges recordkeeping of securities on Depositor’s operations via the
exchanges.
9.5.1. Subject of the operation: securities deposit to and/or withdrawal from the Depositors’
securities accounts executed by the Depository upon performance by the Depositor (its
30
authorized representative) of transactions concluded and calculated in the trading system of the
exchange.
9.5.2. Incoming documents:
- Reports of the clearing organization based on the trades via the exchange (including an
extract from the register of transactions accepted for clearing);
- Any other information on the results of trades via the exchange;
- orders for transactions with securities within the framework of rendering brokerage
services to the Depositor by the Bank ICBC (JSC) (applications for transactions);
- The Depositor’s order on the trading securities account opened with the Depository and
agreement of the clearing organization to the order on the trading securities account of Bank
ICBC (JSC) as a nominee holder where the rights to the securities specified in the order are
registered;
- Report on operations performed in the nominee trading securities account of Bank
ICBC (JSC) in the correspondent depository;
- Other documents.
9.5.3. Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
9.5.4. Performance schedule:
1) Receipt by the Bank ICBC (JSC), which provides brokerage services to the Depositor,
an application for transactions – T+1 day;
2) Receipt of the report of the clearing organization following the trades, other information
following the trades via the exchange, the Depositor’s order on the trading securities account
opened with the Depository — T+1 day;
3) Receipt of the report on operations performed in the nominee trading securities account
of Bank ICBC (JSC) in the correspondent depository, reconciliation of the specified report with
the report of the clearing organization. In the event of absence of any discrepancies, reflection
of the operation in securities accounts in the Depository — T+1 day. In the event of any
discrepancies, a request shall be sent to the correspondent depository and the clearing
organization to identify the reasons for the discrepancies and receipt of correct incoming
documents. Reflection of the operation on the securities accounts after their receipt) — T+1
day;
4) Issue to the Depositor of outgoing documents — Т+1 day (on the nominee securities
account — T day).
9.6. The Depository accepts for storage and accounting the issues of non-issue-grade
certificated securities for their lock-up.
9.6.1. Subject of the operation: acceptance for storage and accounting of non-issue-grade
certificated securities to the Depositor’s securities account.
In order to obtain an opinion on the authenticity of the certificate of an non-issue-grade
security, Bank ICBC (JSC) may transfer it for examination.
Bank ICBC (JSC) shall not be liable for the invalidity of non-issue-grade certificated
securities accepted for storage and accounting as well as for the fulfillment of obligations
thereon.
31
9.6.2. Incoming documents:
- Depositor’s order for receipt of certificated securities for storage and accounting (Annex
22 hereto);
- Conclusion on the authenticity of the security certificate;
- Documents confirming the receipt of the certificated securities in the vault of Bank
ICBC (JSC) or a report on operation performed in the nominee securities account of Bank ICBC
(JSC) in the depository storage place.
9.6.3. In the receipt by the Depository of non-issue-grade certificated securities, a
Certificate of Securities Delivery and Receipt shall be drawn up in two copies, which specifies
the securities and documents provided to the Depositor’s authorized representative. One copy
shall be delivered to the Depositor, the other copy remains in the Depository.
9.6.4. Outgoing documents:
- Report on depository operation(operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
- Securities transfer and acceptance certificates.
9.6.5. Performance schedule: deposit of definitive non-issue-grade certificated securities to
a securities account upon their transfer for depository registration shall be performed not later
than on the business day following the day of the latest of the following:
- Receipt of the Depositor’s order and other incoming documents — T day;
- Transfer of non-issue-grade certificated securities to Bank ICBC (JSC) for their
depository accounting — T day;
Issuance of reports on the operation and certificates of transfer and acceptance of
securities — T+1 day (on the nominee securities account — T day).
9.7. The depository withdraws from storage and accounting the issues of non-issue-grade
certificated securities.
9.7.1. Subject of the operation: issuance of certificates of non-issue-grade certificated
securities and the withdrawal of issued securities from the securities account of the Depositor.
9.7.2. Incoming documents:
- Depositor’s order for withdrawal of certificated securities from storage and accounting
(Annex 23 hereto);
- Documents confirming the release of the definitive non-issue-grade certificated
securities or a report on operation performed on the nominee securities account of the
depository in the correspondent depository, in the vault of Bank ICBC (JSC).
9.7.3. In the issue by the Depository of non-issue-grade certificated securities, a Certificate
of Securities Delivery and Receipt shall be drawn up in two copies, which specifies the
securities and documents provided to the Depositor’s authorized representative. One copy shall
be delivered to the Depositor, the other copy remains in the Depository.
9.7.4. Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
32
- Securities transfer and acceptance certificates.
9.7.5. Performance schedule:
1) Receipt of the Depositor’s order and other incoming documents — T day;
2) Withdrawal of non-issue-grade certificated securities from a securities account upon
termination of their depository registration shall be performed not later than on the business day
following the day of the latest of the following:
- Receipt of the Depositor’s order and other incoming documents — T+1 day;
- Transfer of certificated securities to the Depositor (M) — M+1 day;
3) Issuance of reports on the operation and certificates of transfer and acceptance of
securities — T+2 day or M+2 day (on the nominee securities account — T+1 day or M+1 day).
Chapter 10. Package operations. Encumbrance of securities with obligations. Limitation of the securities disposal. Operations in unidentified party account
10.1. The Depository shall register any encumbrance of the Depositor’s securities with
obligations.
The Depository shall make a record on encumbrance of securities on the owner securities
account, trustee securities account or foreign authorized holder securities account subject to
availability of information enabling identification of the person in whose favor the encumbrance
is made, as well as the original or a notarized copy of the document, based on which the
securities are encumbered.
Registration of the securities encumbrance shall be performed by making a credit entry in
the pledged subaccount where the rights to encumbered securities are registered.
The record (records) on the encumbrance of securities shall include the following
information:
1) Information which helps to identify the securities encumbered and the number of such
securities;
2) Manner and terms of securities encumbrance;
3) Date and basis for registration of securities encumbrance;
4) Information on the person in whose favor the encumbrance allowing to identify the
specified person is established, according to the paragraph the third point 2 of article 51.6 of
the Federal law ‘On the securities market’.
Registration of modification of the terms and conditions of encumbrance of securities is
performed by making a record of the new encumbrance terms and conditions in the records of
securities encumbrance.
In registration of charge over securities, the Depositor may open several pledged subaccount
in the Depositor’s securities account corresponding to different pledge agreements.
If the pledgee is not a Depositor of the Depository or Bank ICBC (JSC) has not concluded
with it any other agreement, under which a package of documents necessary to identify the
pledgee was provided, the pledgee shall provide to the Bank ICBC (JSC) the information on
the state registration of legal entity, the original sample signatures, and seal card, or a notarized
copy of the original sample signatures and seal card, or the original or a copy of the original
sample signatures and seal card certified by the bank, to which such card was provided earlier
as well as originals or notarized copies of documents executed in accordance with the legislation
of the Russian Federation confirming the relevant powers of persons entitled to sign documents
33
on behalf of a legal entity.
1) Subject of the operation: execution of securities withdrawal from one subaccount of the
Depositor’s securities account and their depositing to the pledged subaccount of the same
securities account.
The Depositor originates the operation.
2) Incoming documents:
- The Depository Order to Transfer Securities (Annex 20 to the Terms and Conditions);
- A copy of securities pledge agreement, any other document determining the terms and
conditions of encumbrance of securities with obligations;
- Other documents in accordance with federal laws and regulations of the Russian
Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
- Information on pledged securities shall be provided upon the request of a pledgee (which
may and may not be a Depositor of the Depository).
The pledgee’s request shall include:
- Full name of the pledge holder that is an individual or full name of the pledge holder that
is a legal entity;
- Full name of the pledger that is an individual or full name of the pledger that is a legal
entity;
- Number and date of pledge agreement (another document, based on which the securities
were pledged);
- Securities issue name;
- Security state registration number (ISIN code);
- Number of securities;
- Other information.
The Depository’s report based on the pledgee’s request received shall contain:
- Time and date, for which the information is confirmed;
- Full name, address, and telephone number of the Depository;
- Full name of the pledger that is an individual or full name of the pledger that is a legal
entity;
- Number of pledgee’s securities account, in which the pledged securities are registered;
- Number and date of pledge agreement (another document, based on which the securities
were pledged);
- Securities issue name;
- Security state registration number (ISIN code);
- Number of securities;
- Other information.
4) Performance schedule:
a) Receipt of the Depositor’s order for transfer of securities and other documents — T day;
b) Identification of the securities pledgee — T+3 day;
c) Registration of encumbrance of securities — T+4 day;
34
d) Issue of report to the Depositor — T+5 day (on the nominee securities account —
T+4 day);
e) Receipt of the pledgee’s request for operation report — T day;
f) Issuance of the report to the pledgee — N+1 day.
10.2. The Depository registers the restriction of securities disposal.
Registration of restriction of securities operations shall be performed in the owner securities
account, the depository program securities account, the trustee securities account, the foreign
authorized holder securities account.
Registration of the restriction of securities disposal shall be performed by making a credit
entry in the subaccount where the rights to restricted disposal securities are registered.
The record (records) on restriction of disposal of securities shall include the following
information:
1) Information, which helps to identify the securities, for which the restriction is set and
the number of such securities;
2) Description of the restriction of disposal of securities (seizure, blocking or ban on
operations with securities);
3) Date and basis of registration of the restriction of disposal of securities.
To register the fact of restriction of securities operations, subaccounts are opened in the
securities account depending of the type of restrictions.
Withdrawal of securities, for which the Depositor recorded (registered) restrictions on
securities operations was registered, shall not be permitted except for the cases provided for
under the legislation of the Russian Federation.
10.2.1. The restriction of securities operations shall be performed in the event of change of
the place of storage of securities (relocation) where a report is received on withdrawal of
securities by the correspondent depository or the registrar where the said securities were
registered, but there should be no report on depositing the securities by the correspondent
depository or the registrar where the securities will be registered as well as during the period of
securities reregistration.
1) Subject of the operation: execution of securities withdrawal from the subaccount of the
Depositor’s securities account where the securities are registered and depositing of the same
securities to the reregistration subaccount of the same securities account.
The Depositor originates the operation.
2) Incoming documents:
- The Depository Order to Withdrawal Securities (Annex 19 to the Terms and Conditions)
or the Depository Order to Change Securities Storage Place (Annex 21 to the Terms and
Conditions);
- Other documents in accordance with federal laws and regulations of the Russian
Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed (Annex 26 to the Terms and
Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Receipt of the Depositor’s order for withdrawal of securities or the Depositor’s order
35
for change of the place of storage of the securities — T day;
b) Sending of the order and other necessary documents to the correspondent depository or
to the registrar — T+1 day;
c) Recording of the fact of limitation of operations with securities specified by the
Depositor in its depository order in the Depositor’s securities account by transferring securities
to the reregistration subaccount — T+H+1 day, where H is the period, during which the
Depository received a report from the correspondent depository, from which the securities are
transferred on recording of the fact of limitation of operations with securities or of securities
withdrawal;
d) Receipt of notices from the registrar (reports of the correspondent depositor) on the
performance of operation on deposit or withdrawal of securities to the nominee personal
account (securities account) (from the personal account or securities account) in the register of
securities owners (correspondent depository) of the Depository and presentation of the
operation on securities accounts in the Depository — T+H+M+1 day, where M is time, during
which the registrar (correspondent depository) performed the transfer order (depository order)
of the Depository and provided the Depository a notice or a report on the operation performed;
e) Issue to the Depositor of outgoing documents — Т+Н+М+2 day (on the nominee
securities account — T+H+M+1 day).
10.2.2. Restriction of securities operations shall be performed upon order of the authorized
state bodies, as well as on other grounds, including seizure, except for accounting of collateral
encumbrances of securities, limiting of operations for corporate action, for the fulfillment of
obligations.
After the Bank ICBC (JSC) receives the communication on seizure of securities accounts
of its Depositors from the Depositor that is a nominee holder or a foreign nominee holder, the
Depository shall make a record on placement of a relevant restriction on the nominee securities
account, foreign nominee securities account.
1) Subject of the operation: execution of securities withdrawal from the subaccount of the
Depositor’s securities account where the securities are registered and depositing of the same
securities to the blocked subaccount of the same securities account.
The Depositor or competent authorities originate the operation.
2) Incoming documents:
- Documents of the competent authorities (court ruling, a certified copy of court ruling,
executive writ, other executive documents confirmed by the authorities that issued them, ruling
(order) of enforcement officer, judge’s ruling on permission of seizure procedure in respect of
property and of protocol on seizure of securities, instructions, acts of the Bank of Russia, other
documents of authorized state bodies provided for under the current legislation of the Russian
Federation;
- Other documents in accordance with federal laws and regulations of the Russian
Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
4) Performance schedule:
36
a) Receipt of the incoming documents — T day;
b) Registration of encumbrance of securities — T+1 day;
c) Issue of report to the Depositor — T+2 day (on the nominee securities account —
T+1 day).
10.2.3. Restriction of securities operations shall be performed in the event of the issuer’s
corporate actions.
1) Subject of the operation: execution of securities withdrawal from the subaccount of the
Depositor’s securities account where the securities are registered and depositing of the same
securities to the subaccount ‘blocked for corporate action’ of the same securities account.
The issuer originates the operation.
2) Incoming documents:
- The Depositor’s application (order, instruction, direction) on repurchase (acquisition),
transfer of securities in cases provided for under Articles 72, 76, 843, 847 of Federal Law No.
2018-ФЗ On Joint-stock Companies dated December 26, 1995;
- Report (statement) confirming blocking or release of securities in the nominee personal
account (securities account) of Bank ICBC (JSC) with the registrar (correspondent depository)
in connection with the issuer’s corporate actions;
- Other documents in accordance with federal laws and regulations of the Russian
Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions);
4) Performance schedule:
a) Acceptance of incoming documents — T day; In the event of operations with securities
repurchased under Article 848 of Federal Law No. 208-ФЗ On Joint-stock Companies dated
December 26, 1995, the Depositor’s application (order, instruction, direction) shall not be
provided;
b) Registration of encumbrance of securities — T+1 day;
c) Issue of report to the Depositor — T+1 day (on the nominee securities account —
T day);
10.2.4. Restriction of securities operations shall be performed in the event of the fulfillment
of the Depositor’s obligations.
1) Subject of the operation: execution of securities withdrawal from the subaccount of the
Depositor’s securities account where the securities are registered and depositing of the same
securities to the subaccount ‘blocked for fulfillment of obligations’ of the same Depositor’s
securities account in the event of conclusion between Bank ICBC (JSC) and the Depositor of a
brokerage agreement where the order for transaction conclusion not via the exchange is
received by Bank ICBC (JSC).
The Depositor originates the operation.
2) Incoming documents:
- A copy of an order for transaction conclusion not via the exchange;
- An original or a copy of the agreement for transaction conclusion not via the exchange;
- Other documents.
37
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Acceptance of incoming documents — T day;
b) Transfer of securities from the ‘pledged’ subaccount — T+1 day;
c) Issue of report to the Depositor — T+2 day (on the nominee securities account —
T+1 day);
10.3. The Depository registers termination of encumbrance of securities with obligations.
Registration of termination of the securities encumbrance shall be performed by making a
debit entry in the ‘pledged’ subaccount where the rights to encumbered securities are registered.
The record is made in the same securities account, in which the record of securities
encumbrance with obligations.
The record (records) on the termination of encumbrance of securities shall include the
following information:
- Information, which helps to identify the securities, of which the encumbrance is
terminated and the number of such securities;
- Information on the encumbrance of securities, which is terminated or a reference to such
encumbrance;
- Date and basis for registration of securities encumbrance termination.
In the event of cessation of pledge registration in accordance with the legislation of the
Russian Federation on pledge and the order signed by the pledger and the pledgee, the securities
shall be transferred from the ‘pledged’ subaccount to the securities subaccount specified by the
Depositor.
If at the moment of securities withdrawal from a securities account a right of pledge was
registered by the Depository for such securities, deposit of such securities to the owner’s
securities account, trustee securities account or foreign authorized holder securities shall be
performed simultaneously with the registration of the right of pledge in relation to the deposited
securities under the same terms and conditions. In the event of withdrawal of such securities
from the nominee securities account of Bank ICBC (JSC) with the registrar or correspondent
depository, information on the terms and conditions of the pledge shall be provided to the
respective registrar or the Depository.
1) Subject of the operation: execution of operation on withdrawal of securities from the
Depositor’s securities subaccount where they were transferred during registration of securities
encumbrance with obligations.
The Depositor or the pledgee originates the operation.
2) Incoming documents:
- The Depository Order to Transfer Securities (Annex 20 to the Terms and Conditions). In
the event of pledge termination, the pledger and the pledgee shall sign the said order. If the
pledged securities were sold without legal proceedings in trading or left to the pledgee, the
pledgee shall sign the order;
- Resolution (ruling) of the enforcement officer in the event that the pledged securities
were sold in trading under a court ruling.
38
Other documents in accordance with federal laws and regulations of the Russian Federation.
3) Outgoing documents:
- report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Acceptance of incoming documents — T day;
b) Transfer of securities from the ‘pledged’ subaccount — T+1 day;
c) Issue of report to the Depositor — T+2 day (on the nominee securities account —
T+1 day);
10.4. The Depository registers the termination of restriction of securities disposal.
Registration of the termination of the restriction of securities disposal shall be performed
by making a debit entry in the subaccount where the rights to restricted disposal securities are
registered.
The record (records) on removal of restriction of disposal of securities shall include the
following information:
- Information, which helps to identify the securities, for which the restriction is removed
and the number of such securities;
- Date and basis of registration of the removal of the restriction of disposal of securities.
1) Subject of the operation: execution of operation on withdrawal of securities from the
Depositor’s securities subaccount where they were transferred during restriction registration.
The originator of the operation is Depositor, authorized bodies or the issuer.
2) Incoming documents:
- Documents of the authorized bodies (court ruling, (a certified copy of court ruling)
including injunction, ruling of enforcement officer, determination of the person or body in
whose proceeding the criminal case is when the seizure of securities is not necessary any more,
other executive documents certified by the issuing bodies, acts of the Bank of Russia, other
documents of authorized state bodies provided for under the current legislation of the Russian
Federation);
- Communications from the Depositor that is a nominee holder or a foreign nominee
holder on removal of attachment from the securities accounts of its Depositors;
- Notices from the registrar (reports of the correspondent depository) confirming release
of securities in the nominee personal account (securities account) of Bank ICBC (JSC) with the
registrar (correspondent depository) — in the event of registration of blocking of securities
redeemable in accordance with the legislation of the Russian Federation;
- Other documents in accordance with federal laws and regulations of the Russian
Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed (Annex 26 to the Terms and
Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
39
a) Receipt of the incoming documents — T day;
b) Operation performance — T+1 day;
c) Issue of report to the Depositor — T+2 day or the day following the day of operation
execution (on the nominee securities account — T+1 day or day of operation execution).
10.5. The Depository performs suspension of securities account operations.
10.5.1. The Depository shall suspend operations on the Depositor’s securities accounts
upon receipt of information on the Depositor’s death.
1) Subject of the operation: suspension by the Depository of securities operations on the
securities accounts upon receipt of information on the Depositor’s death.
The originator of the operation is the Depository.
2) Incoming documents:
- The certificate of death of the Depositor (any other document confirming the Depositor’s
death);
- Request of notary public or court containing information on the Depositor’s death;
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided at request of notary public or court.
4) Performance schedule:
a) Receipt of the certificate of death of the Depositor, request of notary public or court
containing information on the Depositor’s death, other incoming documents — T day;
b) Registration of suspension of securities operation by transfer of securities to the
‘blocked’ subaccount — T+1 day;
c) Sending to Depositors of reports on suspension of securities account operations — T+1
day.
10.5.2. The Depository shall suspend operations on the Depositor’s securities accounts or
over separate subaccounts of the Depositor in the event of non-fulfillment by the Depositor of
financial obligations to Bank ICBC (JSC) in accordance with these Terms and Conditions.
1) Subject of the operation: suspension by the Depository of securities operations on the
securities account or securities subaccounts in the event of non-fulfillment by the Depositor of
financial obligations to Bank ICBC (JSC).
The originator of the operation is the Depository.
2) Incoming documents:
- Duty assignment of the Depository.
3) Outgoing documents:
а) Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions) — in case of suspension of operations on securities account as a whole;
б) Report on suspension of securities account operations directed to the Depositor —
Report on depository operation (operations) performed on the securities account (Annex 26 to
the Terms and Conditions) — in case of suspension of operations on securities subaccounts.
4) Performance schedule:
a) Preparation of the Depository’s duty assignment in the event of non-fulfillment by the
Depositor of financial obligations in accordance with these Terms and Conditions — T day;
b) Registration of suspension of securities operation by transfer to the ‘blocked’
40
subaccount — T day;
c) Sending reports to the Depositor — T+1 day (on the nominee securities account —
T day).
10.5.3. The Depository shall also suspend operations on the liquidated Depositor’s
securities accounts in the event of cancellation of the Depositor’s license.
1) Subject of the operation: suspension by the Depository of securities operations on the
liquidated Depositor’s securities accounts as well as in the event of cancellation of license of
the Depositor that is a legal entity.
The originator of the operation is the Depository.
2) Incoming documents:
- Resolution of authorized bodies on liquidation of the Depositor or on cancellation of the
Depositor’s license;
- Information from Uniform State Register of Legal Entities on the procedure for
liquidation of the Depositor that is a legal entity;
- Information or document on the start of procedure for liquidation of the Depositor that
is a foreign legal entity (a foreign organization that is not a legal entity) under the legislation of
the country, under which it was established;
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Report on suspension of securities account operations directed to the Depositor —
Report on the execution of administrative operation (Annex 28 to the Terms and Conditions).
4) Performance schedule:
a) Receipt by the Depository of the resolution of competent authorities on liquidation of
the Depositor or on cancellation of the Depositor’s license, other documents — T day;
b) Registration of suspension of securities operation — T+1 day;
c) Sending to the Depositor of the report on suspension of securities account operations —
T+2 day (on the nominee securities account — T+1 day).
10.5.4. The Depository shall suspend operations on the Depositor’s securities accounts
(securities subaccounts) in accordance with the resolution of authorized state bodies, including
in connection with an instruction of regulatory authorities in the securities market, and in other
cases provided for under the legislation of the Russian Federation.
1) Subject of the operation: suspension by the Depository of securities operations in the
securities account due to a resolution of authorized state bodies, including instruction of
regulatory authorities in the securities market.
The originator of the operation is state authority, the Depository.
2) Incoming documents:
- Resolution of authorized state bodies;
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Reports on suspension of securities account operations directed to the Depositor:
a) Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions) — in case of suspension of operations on securities account as a whole;
b) Report on suspension of securities account operations directed to the Depositor —
Report on depository operation (operations) performed on the securities account (Annex 26 to
the Terms and Conditions) — in case of suspension of operations on securities subaccounts.
4) Performance schedule:
41
a) Receipt of resolution of authorized bodies, other incoming documents — T day;
b) Registration of suspension of securities operation — T day;
c) Sending reports to the Depositor — T+1 day (on the nominee securities account —
T day).
10.6. The Depository shall resume securities account operations.
10.6.1. The Depository shall resume operations on the Depositor’s securities accounts upon
receipt by the Depository of information on transfer of title to the securities of the deceased
Depositor by inheritance to any other persons under the will or law.
1) Subject of the operation: resumption by the Depository of operations on securities
account upon receipt by the Depository of information on transfer of title to the securities of
the deceased Depositor by inheritance to any other persons under the will or law.
The originator of the operation is the Depository.
2) Incoming documents that serve the basis for withdrawal of securities from the testator’s
account:
- Certificate of inheritance rights;
- Orders signed by the heirs;
- Agreement for division of inherited estate signed by all the share ownership participants
or their authorized representatives in the presence of an employee of the Depository or notarized
and containing specification of the number of securities due to each share ownership participant
(original or copy confirmed by court or notarized);
- Court resolution;
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Reports on securities accounts directed to the persons, to whom passed the right of
ownership of the securities to Depositor:
a) Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
b) Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions).
4) Performance schedule:
a) Receipt of the certificate of inheritance rights, court resolution, orders, agreement for
division of inherited property, other incoming documents — T day. Division of securities
according to the shares specified in the certificate of inheritance rights or the court resolution
shall be performed by the Depository only subject to availability of Depository Orders for
depositing of securities (Annex 18 hereto) signed by all the share ownership participants or by
their authorized representatives in the presence of an employee of Bank ICBC (JSC) or
notarized;
b) Transfer of securities to the heirs’ securities accounts opened with the Depository,
correspondent depository or registrar — T+1 day;
c) Sending to Depositors of reports on securities accounts — T+2 day;
10.6.2. The Depository shall resume operations on the Depositor’s securities accounts or
separate securities subaccounts in the event of fulfillment by the Depositor of financial
obligations to Bank ICBC (JSC) in accordance with these Terms and Conditions.
1) Subject of the operation: resumption by the Depository of securities operations on the
securities account (securities subaccounts) in the event of fulfillment by the Depositor of
financial obligations to Bank ICBC (JSC) in accordance with these Terms and Conditions.
42
The originator of the operation is the Depository.
2) Incoming documents:
- Duty assignment of the Depository.
3) Outgoing documents:
- Reports on securities accounts directed to the Depositors:
a. Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions) — in case of suspension of operations on securities account as a whole;
b. Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions) — in case of suspension of operations on securities
subaccounts.
4) Performance schedule:
а) Preparation of the Depository’s duty assignment in the event of fulfillment by the
Depositor of financial obligations in accordance with these Terms and Conditions — T day;
б) Registration of resumption of securities operation — T day;
в) Sending to Depositors of reports on securities accounts — T+1 day.
10.6.3. The Depository shall also resume operations on the liquidated Depositor’s
securities accounts in the event of cancellation of the Depositor’s license.
1) Subject of the operation: resumption by the Depository of securities operations on the
liquidated Depositor’s securities accounts as well as in the event of cancellation of the
Depositor’s license.
The originator of the operation is the Depository.
2) Incoming documents:
- Information from Uniform State Register of Legal Entities on termination of the
procedure for liquidation of the Depositor that is a legal entity;
- Information or document on liquidation of the Depositor that is a foreign legal entity (a
foreign organization that is not a legal entity) under the legislation of the country, under which
it was established;
- Orders on the securities account of the Depositor under liquidation initiated by persons
in the liquidation committee specified in the card with sample signatures of such persons;
- Order of depository Depositor for withdrawal of securities to owner accounts (in the
event of cancellation of license of the depository Depositor);
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Sending to Depositors of reports on securities accounts — Report on depository
operation (operations) performed on the securities account (Annex 26 to the Terms and
Conditions), Certificate of opening (closing) a securities account (Annex 15 to the Terms and
Conditions).
4) Performance schedule:
а) Receipt of incoming documents — T day;
б) Sending to the registrar or the correspondent depository of an order for transfer of
securities to the details specified in the order or to an unidentified party account opened by the
registrar or the correspondent depository performing centralized storage of securities — T+1
day;
в) Receipt of the report from the registrar or of the correspondent depository on the
performance of operation — N+1 day;
г) Withdrawal of securities from the Depositor’s securities account — N+1 day;
43
д) Closing of securities account and sending of reports to Depositors and other originators
of orders on the securities account of the Depositor under liquidation and the depository
Depositor on the event of cancellation of the license of the depository Depositor — N+2 day.
10.6.4. The Depository shall resume operations on the Depositor’s securities accounts in
accordance with the resolution of the authorized state bodies, including in connection with an
instruction of regulatory authorities in the securities market, and in other cases provided for
under the legislation of the Russian Federation.
1) Subject of the operation: resumption by the Depository of securities operations in the
securities account of Depositor (securities subaccounts) due to a resolution of authorized state
bodies, including instruction of regulatory authorities in the securities market.
The originator of the operation is state authority, the Depository.
2) Incoming documents:
- Resolution of authorized bodies;
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions) or report on the execution of administrative operation (Annex
28 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Receipt of resolution of authorized bodies, other incoming documents — T day;
b) Registration of resumption of securities operation — T day;
c) Sending to Depositors of reports on resumption of securities account operations — T+1
day (on the nominee securities account — T day).
10.7. Bank ICBC (JSC) performs operations on the securities account of unidentified
parties.
1) Subject of the operation: deposit and/or withdrawal of securities to/from an unidentified
parties securities account.
Securities are subject to depositing to an unidentified party securities account if there are
no reasons to deposit them to the Depositor’s securities account.
Securities are subject to withdrawal from an unidentified party securities account in the
event of:
- Return of securities in accordance with the legislation of the Russian Federation based
on reporting documents provided by the registrar or a correspondence depository having opened
a nominee securities account for Bank ICBC (JSC), which documents contain information on
the erroneous nature of the record on the deposit of such securities or the securities they were
converted from to the said account;
- After one (1) month from the date of the deposit of such securities or the securities they
were converted from to the said account;
- Where upon the registrar’s request Bank ICBC (JSC), for which the registrar opened a
nominee account, provides to such registrar the order for withdrawal of securities from such
account and deposit of them to the account of another party registered with the registrar
claiming the erroneous nature of the order provided by the registrar, based on which the
securities were withdrawn from its account and deposited in the nominee account of Bank ICBC
44
(JSC);
- In the event of receipt of documents making it possible to clearly identify the ownership
of the securities.
2) Incoming documents:
- Report, other documents received from the correspondent depository or registrar;
- The Depository Order for the deposit of securities to the securities account (Annex 18 to
the Terms and Conditions);
- Other documents in accordance with the legislation of the Russian Federation.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Receipt by the Depository of the document confirming depositing of securities to an
account of Bank ICBC (JSC) as a nominee holder opened with the registrar or the correspondent
depository — T day;
b) Depositing of securities to an unidentified parties account in the absence of reasons for
depositing of securities to the Depositor’s securities account — T+1 day;
c) Receipt by the Depository of the document confirming withdrawal of securities from
the account of Bank ICBC (JSC) as a nominee holder opened with the registrar or the
correspondent depository, receipt of the Depositor’s order for depositing of securities — T day;
d) Withdrawal of securities from the unidentified party securities account — T+1 day;
e) Issuance to the Depository of the report on depository operation (operations) performed
on the securities account in the event of operation on the Depositor’s securities account — T+2
day (on the nominee securities account — T+1 day).
Chapter 11. Global operations
11.1. The depository performs the conversion of the securities.
Subject of the operation: replacement (withdrawal-deposit) in securities accounts of
securities of one issue by securities of another issue in accordance with the ratio determined by
the issuer within the time frame determined by resolution of the issuer’s governing body.
Conversion may be:
Mandatory, implying indisputable replacement of all marketable securities of the issue to
be replaced with the new one;
Voluntary implying only replacement of the securities of the issue, the owners of which
gave their consent to that.
11.1.1. Incoming documents provided for mandatory conversion:
- Copies of the documents of the issuer to conduct the conversion operation with an
indication of its term — subject to the provision of these documents by the registrar or
depository correspondent;
- Notice on the conversion operation performed from the registrar or report on conversion
operation performed in the correspondent depository in which that securities issue is registered
on the deposit of the required number of the securities of the converted issue to the account of
45
Bank ICBC (JSC).
11.1.2. Outgoing documents, provided for mandatory conversion:
- Information messages to Depositors;
- Copies of documents of the issuer, which are the basis for operation performance (if
any);
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
11.1.3. Performance schedule of the mandatory conversion:
1) Receipt of the notice on the conversion operation performed from the registrar (report
on conversion operation performed in the correspondent depository, in which that securities
issue is registered) on the deposit of the required number of the securities of the converted issue
to the account of Bank ICBC, (JSC) — T day;
2) Acceptance of securities of the new issue for servicing — T day;
3) Performance of conversion operation by withdrawal of old issue securities from
securities accounts and deposit of an appropriate number of new issue securities — T day;
4) Termination of servicing of securities of the old issue — T+1 day;
5) Delivery of reports, placement of conversion information on the website of Bank ICBC
(JSC) — T+1 day (on the nominee securities account — T day).
If after the conversion the number of securities belonging to some of the Depositors is a
fraction, the question of redemption of fractional shares shall be resolved in accordance with
the regulations of the Russian Federations and the issuer’s instructions.
11.1.4. Voluntary conversion of registered securities is performed in several stages due to
the necessity to inform the securities owners of their rights to perform the conversion of their
securities as well as to inform the issue of such necessity.
1) Incoming documents at the first stage:
- Copies of the documents of the issuer to conduct the conversion operation with an
indication of its term, subject to the provision of these documents by the registrar or depository
correspondent;
- Information message to Depositors on availability for them and/or their customers of
additional rights arising from ownership of securities of the issue, for which the voluntary
conversion is possible and on the actions necessary to exercise those rights (including the
issuer’s decision);
- Questionnaire (signature list, other document) to determine the number of securities for
conversion — determined by the issuer.
2) Performance schedule of the first stage:
- Receipt of information and materials from the issuer, the registrar or the correspondent
depository to Bank ICBC (JSC) — T day;
- Sending to Depositors of information and materials received from the issuer, registrar or
correspondent depository (transfer of documents in electronic form is allowed, if permitted by
the legislation of the Russian Federation) — T+1 day.
3) Incoming documents at the second stage:
Report of Depositors with questionnaires filled up be the owners with indication of the
number (total or partial) of securities owned and kept and/or registered in the Depository subject
46
to conversion under the issuance terms and conditions.
4) Outgoing documents at the second stage:
Information report to the registrar or correspondent depository or the issuer of the converted
issue on the number of securities of that issue subject to conversion and on the owners willing
to perform the conversion (with particular numbers for each of them).
5) Performance schedule of the second stage:
- Receipt of information from the issuer, the registrar or the correspondent depository —
T day;
- Receipt of completed forms from the Depositor — within the time frame determined by
the Depository — (T+M), where M is the period determined in the information message of the
Depository, within which the information from the Depositor should be obtained;
- Recording of the fact of limitation of operations with securities of the converted issue in
the subaccount blocked for conversion — on the date of receipt of completed forms from the
Depositor referred to in Sub-clause 1 of this Clause;
- Processing of the information received and delivery of the necessary documents to the
issuer, registrar or the correspondent depository — not later than the time determined by the
issuer.
6) Absence of the Depositor’s report with the questionnaire results within the time frame
determined by the issuer and conveyed by the Depository in the information message shall be
the grounds for the Depository to send the report without taking into account the Depositor’s
information. In this event, the Depository may refrain from the conversion operation in regard
of this Depositor’s securities. The Depositor shall bear full responsibility.
7) Incoming documents at the third stage:
Notice from the registrar from the Depository’s nominee account on the operation
performed (report on operation performed in the correspondent depository) specifying the
number of new issue securities in the accounts of Bank ICBC (JSC).
8) Outgoing documents at the third stage:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
9) Performance schedule at the third stage:
- Receipt of the notice on the conversion operation performed from the registrar (report
on conversion operation performed in the correspondent depository, in which that securities
issue is registered) on the deposit of the required number of the securities of the converted issue
to the account of Bank ICBC (JSC) (T day);
- Acceptance of securities of the new issue for servicing — T day;
- Performance of conversion operation by withdrawal of old issue securities from
securities accounts and deposit of an appropriate number of new issue securities — T day;
- Termination of servicing of securities of the old issue — T+1 day;
- Delivery of reports — T+1 day (on the nominee securities account — T day).
11.2. The procedure for exchange, split, and consolidation operations is similar to the
procedure for the mandatory conversion operation.
11.3. The depository performs operations of distribution of additional securities among the
owners.
47
11.3.1. Subject of the operation: deposit of securities in accordance with the issuer’s
decision to the Depositors’ securities accounts with non-zero security balances at the date
specified by the issuer, pro rata which balances additional securities shall be deposited.
Modification of balances in securities accounts shall be performed in strict compliance with
the issuer’s decision on distribution of additional securities and the statement of the registrar or
correspondent depositor on the number of securities deposited actually to the nominee securities
account of Bank ICBC (JSC). In the event of discrepancy between the estimated figures and
the actual number of deposited securities, the Depository shall not perform the operation until
the disputable situation is settled.
11.3.2. Incoming documents:
- A copy of the securities issuer’s decision on distribution of additional securities among
the owners;
- Notice from the registrar or a report of the correspondent depository, which registers
these securities and in which the securities account of Bank ICBC (JSC) is opened, on deposit
of the required number of securities to the account of Bank ICBC (JSC).
11.3.3. Outgoing documents;
- Information messages to Depositors on the oncoming corporate action with copies of
documents motivating the operation (documents may be sent electronically) and, if necessary,
a request for the receipt of additional securities (if the issuer grants the right of option);
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
11.3.4. Performance schedule:
1) Receipt of the notice on the operation performed from the registrar (report on operation
performed in the correspondent depository) on the deposit of the additional number of the
securities to the account of Bank ICBC (JSC) (T day);
2) Acceptance of securities of the new issue for servicing in the Depository — T day;
3) Performance of operation by deposit of an appropriate number of additional issue
securities to the Depositors’ securities accounts — T day (on the nominee securities account —
T day);
4) Delivery of reports to the Depositors — T+1 day.
11.4. The Depository performs operations of consolidation of additional issues of issue-
grade securities.
11.4.1. Subject of the operation: performance of consolidation of additional issues of issue-
grade securities in securities accounts.
11.4.2. Incoming documents:
- A copy of the securities issuer’s decision on consolidation of additional securities
among the owners;
- Notice from the registrar or report of the correspondent depository, which registers these
securities and in which the securities account of Bank ICBC (JSC) is opened, on the
performance of consolidation operation in the account of Bank ICBC (JSC).
11.4.3. Outgoing documents:
- Information messages to Depositors;
- Copies of documents of the registrar or correspondent depository, which are the basis
48
for operation performance (if necessary);
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions), shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
11.4.4. Performance schedule:
1) Receipt of the report from the registrar or of the correspondent depository on the
performance of consolidation operation — T day;
2) Writing off and depositing of issues of securities subject to consolidation in accordance
with the report of the registrar or correspondent depository — T day;
3) Reconciliation of the balance of the issuer’s securities specified in the notice and the
balance of the issuer’s securities registered in the owner securities accounts — T day;
4) Delivery of reports to the Depositors — T+1 day (on the nominee securities account —
T day).
The depository shall ensure the performance of the issue consolidation operation so that the
information on the securities and operations with them before the issue consolidation remained
in the depository records, in the Depositors’ securities accounts.
11.5. The depository performs operations of cancellation of the individual number (code)
of an additional securities issue.
11.5.1. Subject of the operation: performance of the procedure for cancellation of the
individual number (code) of an additional securities issue and consolidation of the securities of
the additional issue and the securities of the issue, to which it is additional.
11.5.2. Incoming documents:
- Notice from the registrar or report of the correspondent depository, which registers these
securities and in which the securities account of Bank ICBC (JSC) is opened, on the
performance of the operation of cancellation of the code of an additional securities issue.
11.5.3. Outgoing documents:
- Information messages to Depositors;
- Copies of documents of the registrar or correspondent depository, which are the basis
for operation performance (if necessary);
- Report on the execution of administrative operation (Annex 28 to the Terms and
Conditions).
11.5.4. Performance schedule:
1) Receipt of the notice from the registrar or report of the correspondent depository — T
day;
2) Performance of the operation of cancellation of the individual code of an additional
issue by making a record in the securities issue questionnaire of cancellation of the individual
number (code) of an additional securities issue and assignment to the securities of the additional
issue of an individual state registration number of the issue, to which this issue is additional —
T day;
3) Delivery of reports to the Depositors — T+1 day (on the nominee securities account —
T day).
11.5.5. The depository shall ensure the performance of the code cancellation operation so
that the information on the securities of the additional issue and operations with them before
49
the code cancellation operation remained in the depository records, in the Depositors’ securities
accounts.
11.6. The depository performs operations of cancellation (redemption) of a securities issue,
acquisition by a joint-stock company of outstanding shares, repurchase of securities, preemptive
right to acquire securities.
11.6.1. Subject of the operation: performance by the Depository of actions on the exercise
of rights of securities owners concerning acquisition by a joint-stock company of outstanding
shares, repurchase of securities, preemptive right to acquire securities as well as actions on
withdrawal from the Depositors’ securities accounts of securities of a canceled (redeemed)
securities issue, repurchased securities.
Cancellation (redemption) of securities is performed in the event of:
liquidation of the issuer;
issuer’s decision on cancellation or redemption of securities;
resolution of an authorized body to declare the securities issue void or invalid.
11.6.2. Incoming documents:
- A resolution (or its copy) of an authorized body to declare the securities issue void or
invalid;
- A copy of the securities issuer’s resolution on performance of actions necessary to
cancel the issue with a reference to the time of cancellation of the issue, fully or partially;
- Notice from the registrar or report of the correspondent depository on the performance
of the securities cancellation operation;
- Confirmation of the executive body keeping the Uniform State Register of Legal
Entities;
- Information on liquidation of the legal entity that is the issuer of the securities;
- Information received from the registrar or correspondent depository concerning
acquisition by a joint-stock company of outstanding shares, repurchase of securities, preemptive
right to acquire securities;
- Depository Order for the implementation of rights to securities (participation in
corporate action) made on form of Annex 24 hereto, Depositors’ applications, orders,
instructions.
11.6.3. Outgoing documents:
- Information messages to the Depositors on cancellation of securities, acquisition by a
joint-stock company of outstanding shares, repurchase of securities, preemptive right to acquire
securities, copies of documents motivating operation performance (documents may be
transmitted electronically);
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
11.6.4. Schedule execution of cancellation of securities:
1) Receipt of the notice from the registrar or report of the correspondent depository on
cancellation of securities and copies of documents motivating operation performance
(documents may be transmitted electronically) — T day;
50
2) Withdrawal of securities declared void (invalid) or otherwise provided for under the
legislation of the Russian Federation from the Depositors’ securities accounts with the
Depository — T+1 day;
3) Delivery of reports to the Depositors — T+2 day.
11.6.5. Performance schedule for acquisition by a joint-stock company of outstanding
shares, repurchase of securities, preemptive right to acquire securities:
1) Receipt of information (documents) from the registrar or correspondent depositor on
repurchase of securities or acquisition by a joint-stock company of outstanding shares or on
possibility of exercise of the preemptive right for shareholders to acquire shares of a joint-stock
company alienated under onerous transactions placed in a public offering — T day;
2) Transfer of the information received to Depositors (electronic transfer is permitted)
specifying the term of document preparation in accordance with the time frame specified by the
registrar or the correspondent depository — T+1 day;
3) Receipt from the Depositor of an application for sale of securities subject to repurchase,
acquisition or direction (instruction, application) for purchase of outstanding securities of a
person having a preemptive right to acquire shares of a joint-stock company alienated under
onerous transactions — N day;
4) Transfer of securities subject to repurchase, acquisition, to the blocked for corporate
action subaccount — N day;
5) Delivery of the application (direction, instruction) received from the Depositor to the
registrar or correspondent depository — N+1 day;
6) Receipt of notice from the registrar or report from the correspondent depositor on
withdrawal of repurchased securities or on depositing of securities or information on revocation
by a shareholder of its request (offer) for repurchase of securities or acquisition by a joint-stock
company of outstanding shares or possibility of exercise of the preemptive right for
shareholders to acquire shares of a joint-stock company — M day;
7) Withdrawal of repurchased securities from the Depositors’ securities accounts (the
subaccount blocked for corporate action) or depositing of securities to the Depositors’ securities
accounts with the Depository or return of securities from the subaccount blocked for corporate
action in case of receipt of information on revocation by a shareholder of its request (offer) for
repurchase of securities or acquisition by the joint-stock company of placed shares — M day;
8) Delivery of reports to Depositors together with the information on revocation by a
shareholder of its request (offer) for repurchase of securities or acquire by the joint-stock
company of placed shares — M+1 day (on the nominee securities account — M day);
9) Receipt of monetary funds to the account of Bank ICBC (JSC) in connection with the
sale of securities by their owners — K day;
10) Transfer of monetary funds received in the account of Bank ICBC (JSC) in connection
with the sale of securities by their owners to the Depositor’s accounts — K+1 day.
Peculiarities of operations of redemption (cancellation) of particular securities issues,
acquisition by a joint-stock company of outstanding shares, repurchase of securities, preemptive
right to acquire securities are determined under the legislation of the Russian Federation,
securities issue and trading terms.
If the resolution on securities issue or any other document regulating their issue and trading
provides for recording the fact of limitation of operations with the securities before redemption
or repurchase, the limitation of operations with securities shall be arranged in the manner and
51
within the time frame under the instructions of the issuer, the registrar, the correspondent
depository or in accordance with the legislation of the Russian Federation.
If upon the request of the issuer, the registrar of the correspondent depository a securities
owners list should be provided, the execution of the list is performed under the procedure of
drawing up a list of owners of securities of the issuer, registrar, correspondent depository,
including provision of necessary documents and observance of the operation schedule.
If the legislation of the Russian Federation, terms and conditions of the securities issue and
trading, other documents provide for an opportunity of request of early repurchase of securities,
the Depositors willing to request early repurchase of their securities or the Depositors
performing instructions of securities owners to request early repurchase of securities shall
provide to the Depository the documents provided for under the terms and conditions of
securities early repurchase request, as well as under the Terms and Conditions, only during the
period established for the securities early repurchase request.
The form of the request for securities repurchase by the issuer, the list of additional
documents to be provided by the Depositor to the Depository, the terms and conditions of
repurchase, including recording of limitations of the operations with the securities requested for
early repurchase, shall be determined under the terms and conditions of securities early
repurchase request and shall be brought to the information of the Depositors in the Depository’s
information messages.
11.7. The depository shall arrange redemption and exchange of investment units.
Investment units can be accepted for service to the Depository if the trust management rules
of the corresponding mutual fund allow for registration of the rights for investment units on the
securities account with the Depository.
11.7.1. For redemption of investment units of investment funds, the Depository submits
application for redemption of investment units to the respective management company of a
mutual investment fund to the registrar or correspondent depository. After the registrar
performs operation of their redemption, their withdrawal from the securities account with the
Depository shall be made.
1) Subject of the operation: performance by the Depository of actions aimed at redemption
of investment units of a mutual investment fund.
2) Incoming documents:
- Depository Order to Withdrawal Securities made on form of Annex 19 to the Terms and
Conditions (the ‘additional information’ field contains the ‘redemption of investment units’);
- Documents proving acquisition of investment units (e.g., broker’s report);
- Signed original questionnaire made on form of the correspondent depository (in case of
redemption of investment units through the correspondent depository).
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
Terms and Conditions).
4) Performance schedule:
a) Receipt of the depository orders of Depositor on redemption of investment units;
documents confirming the acquisition of investment units; signed questionnaire made on form
of the correspondent depository (in case of operations on redemption of investment units
52
through the correspondent depository) — T day;
b) Sending by the management company of a corresponding mutual investment fund
application for redemption of investment units — T+1 day;
c) If the units are in the nominee account in the correspondent depository, sending of the
order and the questionnaire to the correspondent depository — T+1 day;
d) Performing a depository operation to record limitations of operations with units for
delivery on the securities account — T+1 day;
e) Receipt of the notification of completion of the operation on the account of Bank ICBC
(JSC) as the nominal holder issued by the registrar on the results of completing the operation
for redemption of investment units — T+2+M day, where M is the time period, during which,
in accordance with the rules of trust management of the respective investment fund, the
necessary actions for redemption of investment units were carried out; ends on the day of the
notice by the registrar on the results of completion of the operation for redemption of investment
units or receipt of the report of the correspondent depository — in case of redemption of
investment units via the correspondent depository — T+2+M+N day, where N is the time
frame, within which orders for submission of applications to the managing company of the fund
are performed in accordance with the rules (terms and conditions of depository activities) of
the correspondent depository;
f) Performance of depository operation to write-off investments units from the securities
account of the Depositor:
- In case of investment units redemption operation through a registrar — T+2+M day;
- In case of investment units redemption operation through a correspondent depository —
T+2+M+N day;
g) Issue of report to the Depositor:
- In case of investment units redemption operation through a registrar – operating
T+2+M+1 day (on the nominee securities account — Т+2+М day);
- In case of performance of the operation on investment units redemption through a
correspondent depository — T+2+M+N+1 day (on the nominee securities account —
Т+2+М+N day).
11.7.2. Exchange of investment units of open (interval) mutual investment fund represents
filing an application to the management company of the corresponding mutual investment fund
to exchange the investment units of open (interval) investment fund to the investment units of
another open (interval) investment fund held in trust by the same management company.
Withdrawal and deposit of investment units is made on the results of the respective operations
by the registrar.
1) Subject of the operation: performance by the Depository of actions aimed at exchange
of investment units of a mutual investment fund.
2) Incoming documents:
The Depository Order for the deposit and Withdrawal Securities to and from the securities
account (Annexes 18, 19 to the Terms and Conditions). ‘Exchange of investment units’ to be
specified in the ‘additional information’ field.
3) Outgoing documents:
- Report on depository operation (operations) performed on the securities account (Annex
26 to the Terms and Conditions);
- Statement of securities account (Annex 27 to the Terms and Conditions) shall be
provided based on the Depository Order to perform an information operation (Annex 25 to the
53
Terms and Conditions).
4) Performance schedule:
a) Receipt of the Depositor’s order for redemption of investment units — T day;
b) Sending by the management company of a corresponding mutual investment fund
application for exchange of investment units — T+1 day;
c) If the units are in the nominee account in the correspondent depository, sending of the
request for exchange of investment units to the correspondent depository;
d) Performing a depository operation to record limitations of operations with units on the
securities account — T+1 day;
e) Receipt of the notification of completion of the operation on the account of Bank ICBC
(JSC) as the nominal holder issued by the registrar on the results of completing the operation
for exchange of investment units — T+2+M day, where M is the time frame, during which, in
accordance with the rules of trust management of the respective investment fund, the necessary
actions for exchange of investment units were carried out, ends on the day of the notice by the
registrar on the results of completion of the operation for redemption of investment units or
receipt of the report of the correspondent depository in case of redemption of investment units
via the correspondent depository — T+2+M+N day, where N is the time frame, within which
orders for submission of applications to the managing company of the fund are performed in
accordance with the rules (terms and conditions of depository activities) of the correspondent
depository;
f) Performance of depository operations to write off and deposit investment units from the
securities account or to the securities account;
- In case of investment units exchange operation through the registrar — T+2+M day;
- In case of investment units exchange operation through a correspondent depository —
T+2+M+N day;
g) issue of report to the Depositor:
- In case of investment units exchange operation through the registrar — T+2+M+1 day
(on the nominee securities account — Т+2+М day);
- In case of investment units exchange operation through a correspondent depository —
T+2+M+N+1 day (on the nominee securities account — Т+2+М+N day);
11.8. The Depository shall arrange payment of income on the Depositor’s securities.
Bank ICBC (JSC) shall receive the interest, coupon and dividend income due to the
Depositors on the securities of the Depositor.
11.8.1. The income on government securities shall be transferred to the Depositor, taking
into account specific features established under the legislation of the Russian Federation.
11.8.2. The income on non-government securities shall be transferred to Depositors and
customers of the Depository, which is a nominee holder (foreign nominee holder) by wire
transfer only:
- The income payable to the Depositor shall be transferred to banking account specified
in the Depositor’s questionnaire;
- The income payable to the customers of the Depositor, which is the nominee holder
(foreign nominee holder) shall be transferred to the bank account specified in the questionnaire
of the Depositor, which is the nominee holder (foreign nominee holder);
- The income payable on securities in trust management in the trustee account (foreign
authorized holder) shall be transferred to the banking account specified in the questionnaire of
the trustee depositor (foreign authorized holder).
54
11.8.3. The income on securities payable to Depositors that are nominee holders or trustees
that are professional securities market participants shall be transferred not later than on the
business day following the day of crediting the funds to the account of Bank ICBC (JSC), and
the income payable to other Depositors — within five (5) business days after the day of receipt
of respective payments and within fifteen (15) business days after the date when the Depository
performing centralized storage discloses the information on transfer to its Depositors of
payments due to them.
11.8.4. In the event of absence in the questionnaire of the Depositor of information on
banking details for the transfer of income on securities, non-provision or untimely provision of
orders for modification of Depositor’s questionnaire details or of a new questionnaire of the
Depositor, Bank ICBC (JSC) shall transfer the income on securities within five (5) business
days from the date of modification by the Depositor of the Depositor’s questionnaire details.
11.8.5. If the Depositor wishes to receive the income to a bank account different from that
specified in the Depositor’s questionnaire, it should send an appropriate written notice to the
Depository with the description of the securities, income accrual type and period, and details
for income transfer. Bank ICBC (JSC) shall transfer the income to the account specified in the
written notice if such notice was received before the transfer to the account specified in the
Depositor’s questionnaire.
11.8.6. The depository shall not render services related to receipt and transfer of the income
on securities via Bank ICBC (JSC) if such income is transferred by the issuer or payment agent
directly to holders of such securities or trustees.
11.8.7. In each transfer of the income on securities payable to the Depositor, an
announcement on payment and income transfer is provided to the Depositor made on form of
Annex 29 to the Terms and Conditions.
11.8.8. If, when paying the income on securities, the Depository is a tax agent, the taxes
shall be withdrawn in accordance with the current legislation of the Russian Federation.
Chapter 12. Information operations
12.1. Reports (statements) shall be provided to Depositors by the Depository following the
results of depository operations as well as based on the Depositor’s requests.
12.1.1. Incoming documents in case of issuing a report (statement) at request:
- Depositor’s request – Depository Order to perform an information operation (Annex 25
to the Terms and Conditions);
- Request of a pledge holder, which is not a Depositor of the Depository — Depository
Order to perform an information operation (Annex 25 to the Terms and Conditions);
- Other persons’ requests.
12.1.2. Outgoing documents: report (statement) on request.
12.1.3. Performance schedule:
1) Receipt of the Depositor’s (pledgee’s, other person’s) request — T day;
2) Issue of a report (statement) on the request of the Depositor — T+3 day;
3) Release of report to a pledgee (which is or is not a Depositor of the Depository) — T+3
day;
4) Release of report upon the request of any other party — within the period determined
under the legislation of the Russian Federation, T+5 day.
12.1.4. Tentative list of possible information requests and the Depository’s reports to them
55
is given in Table 1.
Table 1.
List of possible requests and the Depository’s reports
Informatio
n required
by the
Depositor
Depositor’s request name Depository reporting document
securities
account
status
Depository Order to perform an
information operation (Annex 25
to the Terms and Conditions)
Statement of securities account (Annex
27 to the Terms and Conditions)
securities
account
operations
Depository Order to perform an
information operation (Annex 25
to the Terms and Conditions)
Report on depository operation
(operations) performed on the securities
account (Annex 26 to the Terms and
Conditions)
information
about
securities
pledged
request of a pledgee (which may
and may not be a Depositor of the
Depository) in free form
Depository’s response in free form in
accordance with the information
requested
other
requests
securities order in a free form Depository’s response in free form in
accordance with the information
requested
Information on the Depositor, as well as on its operations in the securities account or on
securities in that account, may be provided by the Depository to other parties under the
Depositor’s written direction based on the requests of such parties.
12.2. Preparation of the securities owners list.
12.2.1. Subject of the operation: preparation and provision to a correspondent depository
or registrar of a list of Depositors entitled under the legislation of the Russian Federation to
exercise of rights attached to securities registered in their securities accounts.
To prepare the list of securities owners, Bank ICBC (JSC) as a nominee holder of securities
shall, if necessary, provide to the correspondent depository or registrar information on parties
in whose securities accounts with the Depository the respective securities are registered.
12.2.2. Incoming documents:
- A copy of resolution on corporate action of an appropriate governing body of the issuer
certified by the authorized person;
- A request for preparation of a securities owners list from the correspondent depository
or registrar as of the date determined by the issuer with indication of the securities balance in
the nominee securities account (personal account) of Bank ICBC (JSC) signed by the authorized
person of the registrar or correspondent depository or received in electronic form (in the form
of electronic documents);
- Other documents in accordance with the legislation of the Russian Federation,
requirements of registrars or correspondent depositories.
12.2.3. Outgoing documents:
- requests on the necessity of provision of the owners list to Depositors which are nominee
Holders in whose securities accounts with the Depository there are non-zero balances of
securities, for which the owners list is prepared (electronic transfer of documents is possible
with later provision of the originals);
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- Information related to the securities owners list preparation received from the registrar
or correspondent depository;
- Statements of securities accounts of Depositors, which are nominee holders on the
securities balances in the nominee securities accounts (foreign nominee holders) with the
Depository as of the date determined by the issuer;
- A report in the form of a consolidated list of securities owners with reference to the
number of securities, for which the list is drawn up as at the date specified by the issuer.
12.2.4. Performance schedule:
1) Receipt of the request from the correspondent depository or registrar on preparation of
a list of securities owners as at the date specified by the issuer — T day;
2) Preparation and dispatching to Depositors of requests for information on the owners of
securities, on which information is collected and which are registered in the nominee securities
accounts (foreign nominee securities accounts) opened with the Depository (documents may be
transferred electronically, by fax, with further provision of the originals within ten (10) business
days) — T+1 day;
3) Formation and transfer to the correspondent depository or registrar the consolidated list
of securities owners with reference to the number of securities, for which the list is drawn up
as at the end of the day specified by the issuer, in the manner and within the time frame
established by the legislation.
12.2.5. In cases provided for under the legislation of the Russian Federation, the
information provided by the Depository may also include information on the expression of will
of the person exercising rights to the securities. Information (direction, instruction) on the
expression of the will of the person exercising rights to the securities shall be delivered by the
depositor to the Depository on paper according to the form Order for exercise of rights on
securities (participation in corporate action) (Annex 24 to the Terms and Conditions). The
Depository shall transfer the received information (direction, instruction) on the expression of
the will of the person exercising rights to the securities to the registrar or correspondent
depository electronically (in the form of electronic documents) not later than on the business
day following the day of entry of the said information to the Depository.
The depository may refrain from giving the registrar or correspondent depository the
information on persons exercising rights to securities if such persons failed to provide such
information in the manner and within the time frame provided for under the Terms and
Conditions.
In case the a nominee holder, a foreign nominee holder failed to provide the information to
be included in the list delivered to the correspondent depository or registrar, the Depository
shall provide the information on such nominee holders, foreign nominee holders as well as on
the securities registered in the unidentified party accounts additionally to the list.
The list of persons entitled to participate in the general meeting of shareholders based on
the shares, to which the rights are confirmed by securities of a foreign issuer, shall include the
person for whom a depository program securities account is opened. Information on the holders
of shares, to which the rights are confirmed by securities of a foreign issuer shall be provided
to the Depository under the procedure similar to that set forth in this Clause of the Terms and
Conditions with indication of the number of shares belonging to each of the said holders in
accordance with the legislation of the Russian Federation.
If the securities are pledged at the time of drawing up of the list of their owners, the recipient
of income shall be determined based on the pledge order.
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Chapter 13. Features of registration of securities intended for qualified investors and limited recourse securities
13.1. Qualified investors recognized as such by the managing company, broker or other
parties in cases provided for under the legislation of the Russian Federation shall provide the
following documents to Bank ICBC (JSC):
- The original, a notarized copy of the documents confirming that the Depositor was
recognized as a qualified investor by the managing company, broker or other parties in cases
provided for under the legislation of the Russian Federation (hereafter — the ‘person
recognizing as qualified investor’) or a copy certified by the person recognizing as a qualified
investor.
13.2. The Depository shall deposit securities intended for qualified investors and limited
recourse securities to owner securities accounts, nominee securities accounts, foreign nominee
securities accounts, foreign authorized securities accounts.
13.3. Deposit of securities intended for qualified investors to nominee securities accounts of
Depositors shall be performed without limitations.
13.4. Deposit of securities intended for qualified investors to owner securities accounts shall
be performed based on confirming documents specified in Clause 13.1 hereof in the following
cases:
1) The owner securities account is opened for a person that is a qualified investor under
Federal Law No. 39-ФЗ On Securities Market dated April 22, 1996;
2) The securities were acquired via a broker or by the trustee under trust management;
3) The securities were acquired not via a broker by a person that is not a qualified investor:
- By the issuer of the said securities (person liable on the said securities);
- By a foreign legal entity;
- As a result of universal succession;
- As a result of exchange (conversion) of other securities of the same issuer (party liable
under the security) to the said securities at the issuer’s (party liable under the security)
discretion;
- As a result of the issuer (party liable under the security) reorganization;
- As a result of distribution of additional securities among the owners of such securities;
- As a result of exercise of the preemptive right to acquire the securities of the same issuer
(party liable under the security);
- As a result of placement of additional shares of the issuer is such securities were acquired
by the parent company owning over 50% of shares of that issuer;
- As a result of universal succession or distribution of property of a liquidated legal entity;
- As a result of compliance with the requirements of law and/or terms and conditions of a
trust deed on transfer of property to the trustor;
4) A Depositor, which is not a qualified investor at the date of delivery of the order for
deposit of the said securities, provided to the Depository a document confirming that it was a
qualified investor at the date of transaction with the said securities;
5) Foreign securities not allowed for public offering and/or public trading in the Russian
Federation were acquired not via a broker by a person that is not a qualified investor:
- By a foreign legal entity or an individual;
- Under the terms and conditions of the employment agreement or in relation to the
performance by the individual of his/her duties provided for under the employment agreement
or in relation to participation of the individual in the Board of Directors (Supervisory Board) of
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a legal entity;
- As a result of exchange (conversion) of other securities of the same issuer (party liable
under the security) to the said securities at the issuer’s (party liable under the security)
discretion;
- As a result of distribution of additional securities among the owners of such securities;
- As a result of exercise of rights secured under Russian depository receipts;
- As a result of distribution of property of a liquidated legal entity;
- As a result of the issuer (party liable under the security) reorganization;
- As a result of placement of additional shares of the issuer is such securities were acquired
by the parent company owning over 50% of shares of that issuer;
- As a result of exercise of the preemptive right to acquire the securities of the same issuer
(party liable under the security);
- As a result of universal succession or distribution of property of a liquidated legal entity;
- As a result of compliance with the requirements of law and/or terms and conditions of a
trust deed on transfer of property to the trustor.
13.5. Investment units intended for qualified investors are deposited to the owner securities
account if they are issued based on the request submitted by Bank ICBC (JSC).
13.6. For deposit of securities intended for qualified investors, the Depositor that is the
owner of the securities shall provide the following confirming documents to the Depository:
1) For persons who acquired the securities through a broker or for whom the securities
were acquired by a trustee in a trust – the broker’s or the trustee’s report, respectively;
2) For persons who acquired the securities not via a broker or trustee — documents
confirming the acquisition of the deposited securities based on the grounds provided for in
Clause 13.4 of the Terms and Conditions.
13.7. For deposit of foreign securities intended for qualified investors to the Depositor’s
account based on the terms and conditions of the employment agreement or in relation to
performance of his/her duties provided for under an employment agreement or in relation to
participation in the Board of Directors (Supervisory Board) of a legal entity, the Depositor shall
specify in the order for deposit of such securities the employment agreement under or in relation
to the performance of his/her duties, under which the securities are deposited, or any other
agreement, based on which the securities are deposited in relation to the Depositor’s functions
as a member of the Board of Directors (Supervisory Board) of a legal entity.
13.8. A depositor that is a foreign individual or a foreign legal entity may provide and
receive, not via the broker, the securities intended for qualified investors as a guaranty of
fulfillment of obligations.
13.9. The depositor may without a broker provide securities intended for qualified investors
as a guaranty of obligation fulfillment if the lender on such obligations is a broker recognizing
such person a qualified investor in relation to the securities provided as a guaranty.
13.10. Bank ICBC (JSC) shall refuse to accept and/or execute an order for deposit of
securities intended for qualified investors to the Depositor’s securities account if such deposit
fails to comply with the requirements of these Terms and Conditions and the requirements of
the legislation of the Russian Federation. Bank ICBC (JSC) shall transfer (return) the said
securities to the account from which they were withdrawn to the nominee account opened for
Bank ICBC (JSC) and notify the Depositor within not more than three (3) days on the rejection
of deposit of the securities to its securities account.
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13.11. The Depository shall deny depositing of limited recourse securities to the owner
securities account in the absence of any reasons for their depositing as well as in the event of
failure to provide the documents specified in Clause 13.1 hereof. In the event of such denial,
the said securities shall be returned to the account they were withdrawn from with simultaneous
withdrawal from the Depositors’ securities accounts.
Chapter 14. Registration of foreign financial instruments not qualified as securities
14.1. Bank ICBC (JSC) shall provide Depositors with services on registration of foreign
financial instruments that are not qualified as securities received by the Depositor in the course
of corporate actions in respect of securities that were registered in the securities account opened
by such Depositor with Bank ICBC (JSC) and deposited to an account of Bank ICBC (JSC) as
a person acting on behalf of other persons for registration of rights to securities by a
correspondent depository.
14.2. Bank ICBC (JSC) ensures separate registration of foreign financial instruments not
qualified as securities in accounts specially opened for this purpose specifying that such financial
instruments are not qualified as securities under the requirements of the legislation of the
Russian Federation.
14.3. When opening an account for registration of foreign financial instruments not qualified
as securities, the following subaccounts may be opened:
- Basic, that is opened when the account is opened for the Depositor for registration of
foreign financial instruments not qualified as securities without any additional orders;
- Reregistration subaccount, intended for the registration of foreign financial instruments
not qualified as securities, for which the Depository received an order for relocation of
securities. Also a report is received on withdrawal of the foreign financial instruments not
qualified as securities from the correspondent depository where the said foreign financial
instruments were registered but no report is received on the operation of depositing the said
foreign financial instruments from the correspondent depository where the said foreign
financial instruments are to be registered;
- Blocked, intended for registration of restriction on disposal of foreign financial
instruments not qualified as securities pursuant to acts or instructions of state authorities or the
Bank of Russia as well as for seizure reflection;
- Blocked for corporate operations subaccount intended for registration of foreign
financial instruments that are not qualified as securities, in regard of which corporate operations
of the issuer are expected.
Subaccounts: under reregistration, blocked, blocked for conducting corporate actions – are
opened on the basis of the correspondent Depository report or Depository’s duty assignment.
14.4. Registration of foreign financial instruments not qualified as securities shall be
performed in the manner similar to depository registration of rights to securities in accordance
with these Terms and Conditions.
14.5. Registration of foreign financial instruments not qualified as securities shall be
performed under additional agreements to depository agreements concluded with Depositors.
14.6. For foreign financial instruments not qualified as securities the Depository shall
perform only global operations, operations of depositing of foreign financial instruments and
operations of withdrawal of foreign financial instruments for the purpose of transfer to accounts
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opened with foreign institutions performing registration of rights to such financial instruments
and in the event such financial instruments are qualified as securities.
14.7. The procedure for operations with foreign financial instruments not qualified as
securities is similar to the procedure for depository operations specified herein.
14.8. Based on the results of operations that are not qualified as securities, the Depository
shall prepare reports and statements to Depositors different from securities account operations,
which are not a confirmation of rights to such instruments.
14.9. The Depositor shall pay for the services of Bank ICBC (JSC) on registration of foreign
financial instruments not qualified as securities and operations on them in the same manner and
in accordance with the tariffs of Bank ICBC (JSC) on depository activities (Annex 30 hereto)
established for storage and/or registration of securities in foreign or international accounting
systems under the depository agreement concluded with the Depositor. Services on registration
of foreign financial instruments not qualified as securities and related operation shall be subject
to VAT. The tariff rate increases by the amount of VAT.
14.10. In the event of qualification of foreign financial instruments not qualified as
securities in accordance with the legislation of the Russian Federation, transfer of foreign
financial instruments not qualified as securities is permitted to the basic subaccount of the
Depositor’s relevant account under the correspondent Depository report (other information).
Chapter 15. Verification of the number of securities with registrars and correspondent depositories
15.1. The verification of compliance of the amount of securities recorded in the Depository
with the amount of securities on securities accounts opened for Bank ICBC (JSC) with
registrars, correspondent depositories, foreign organizations registering rights to securities shall
be arranged on the basis of reports (statements) received from the above entities.
15.2. In accordance with Article 8.5 of Federal Law No. 39-ФЗ On Securities Market dated
April 22, 1996, reconciliation of the number of securities recorded by the Depository on
securities accounts, on which the rights to securities are accounted for, and on unidentified
persons account, and the number of the same securities recorded on personal accounts
(securities account) of the nominee holder open for Bank ICBC (JSC) with the registrar
(correspondent depository), on accounts opened for Bank ICBC (JSC) by foreign organizations
registering rights to securities, as a person acting on behalf of other persons, is carried out every
business day.
15.3. In case of discrepancy in the number of securities recorded by the Depository on
securities accounts, on which the rights to securities are accounted for, and on unidentified
persons account, and the number of the same securities recorded on personal accounts
(securities account) of the nominee holder open for Bank ICBC (JSC) with the registrar
(correspondent depository), on accounts opened for Bank ICBC (JSC) by foreign organizations
registering rights to securities, as a person acting on behalf of other persons, the Depository
shall notify the Bank of Russia not later than the business day following the day when the said
violation was found or should have been found and eliminate the said violation.
15.4. The reconciliation shall be carried out by the Depository based on the information on
the number of securities registered in securities accounts and the information from the following
documents:
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1) In the event of reconciliation between the Depository and a registrar, in the most recent
letter on operations on personal account or statement;
2) In the event of reconciliation between the Depository and a correspondent depository,
in the most recent statement or report on operation (operations) performed in the Depository’s
securities account;
3) In the event of reconciliation between the Depository and a foreign entity accounting
rights to securities, in the most recent document provided to the Depository containing
information on operations and number of securities in the account of a party acting on behalf
of other parties opened for the Depository in this foreign entity.
Chapter 16. Verification of the number of securities with Depositors
16.1. Verification of the number of securities on the Depositor's securities account is carried
out within the terms established by the legislation, but at least once a year. Such verification
can be initiated by both the Depositary and the Depositor.
16.2. The Depositary shall verify the number of securities on the Depositor's securities
account in the following order:
− monthly with Depositors-nominee holders (foreign nominee holders) as of the first
day of each calendar month by sending to the Depositor-nominee holder (foreign nominee
holder) the statement of securities account (Annex 27 to the Terms and Conditions) no later
than the 5th working day of the month following the reporting month;
− annually with all Depositors as of the first day of each calendar year by sending to
the Depositor the statement of securities account (Annex 27 to Terms and Conditions) not later
than the 10th working day of the year following reporting.
16.3. Verification of the number of securities account at the initiative of the Depositor is
carried out in the following order.
1) The Depositor sends to the Depositary the Depository Order to perform an information
operation (Annex 25 to the Terms and Conditions), in which he requests a statement of
securities account on a certain date.
2) The Depositary forms the statement of securities account (Annex 27 to the Terms and
Conditions) which directs to the Depositor not later than the third working day after day of
receipt of the specified order.
16.4. In case of discrepancy of the Depositor's accounting data with the data of the
Depositary, the Depositor shall send to the Depositary a notification of discrepancy of the data
(hereinafter — the Notification) in a free form no later than 1 (one) working day after receipt
of the statement.
16.5. When you receive a Notification the Depositary shall forward to the Depositor no later
than the next working day Report on depository operation (operations) performed on the
securities account (Annex 26 to the Terms and Conditions) for the period from the date of the
last verofication until the date of this report.
16.6. To identify the causes of discrepancies, the Depositary and the Depositor shall have
the right to request from each other additional information, copies of primary documents,
including copies of the Depositor's orders and reports of the Depositary. The decision on the
order of elimination of the revealed discrepancies is made jointly by the Depositary and the
Depositor following the results of consideration of the submitted documents.
16.7. In case of non-receipt by the Depositary of objections from the Depositor within 10
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working days from the date of sending the statement of securities account, the balances are
considered confirmed.
Chapter 17. Contra entries in securities accounts (other accounts)
17.1. The entries in securities accounts, in which rights to securities are registered, are final
from the moment they are made, i.e. they may not be modified or canceled by the Depository
except for the cases when such entry was made without the Depositor’s order or without any
other document motivating an operation performance or with a breach of the terms of such
order or any other document (adjustable entry).
17.2. In the event of discovery of any error in an adjustable entry the depository may make
a contra entry in the securities account (accounts) necessary to remove the error during the
operating day, provided that no report on operation performed or securities account statement
reflecting the erroneous information were sent to the depositor.
17.3. Upon discovery of an error in an otherwise adjustable entry, the Depository may make
contra entries necessary to remove the error subject consent of the Depositor or any other person
on whose behalf or request the contra entries may be made in accordance with the legislation
of the Russian Federation, except for correction of errors in entries that can be corrected only
in cases provided for under the legislation of the Russian Federation. In the event of an error,
the Depository shall send the Depositor a notice on the error made and the activities to be carried
out to remove it. The Depository may make corrective records only upon receipt of the
Depositor’s consent granted in the manner specified in the Depositor’s questionnaire.
17.4. The depositor shall return the securities it (its Depositors) acquired improperly as a
result of an error in the personal account (securities account) opened for Bank ICBC (JSC) or
the securities they were converted to as well as return the income received and repair the
damages in accordance with the civil legislation of the Russian Federation. Bank ICBC (JSC)
shall account the securities unjustifiably deposited to its personal account (securities account)
on the unidentified party account. Bank ICBC (JSC) shall return these securities or securities,
into which they are converted, in not later than one (1) business day from the receipt of the
relevant accounting documents.
17.5. If a discrepancy is identified in the Depository’s securities accounts as a result of
reconciliation carried out by the depository in accordance with the legislation of the Russian
Federation in respect of the number of securities registered by the registrar in the accounts of
Bank ICBC (JSC), by the correspondent depository in the securities accounts of Bank ICBC
(JSC), by a foreign company registering rights to securities, on the accounts open for Bank
ICBC (JSC), as a person acting on behalf of other persons, the Depository shall inform the Bank
of Russia of such discrepancy and eliminate such violations not later than on the business day
following the day when such discrepancy was identified or was expected to be identified:
1) if the number of securities registered by the Depository is exceeds the number of the
same securities registered in the accounts of Bank ICBC (JSC) in the register of securities
owners or correspondent depository or foreign company registering rights to securities, the
Depository shall, under a duty assignment, withdraw from the securities accounts, on which the
rights to securities are registered, and the accounts of unidentified persons, the securities
exceeding the number of securities in the accounts in the register of securities owners or
correspondent depository or foreign company registering right to the securities. No other
securities account operations shall be performed in relation to such securities before such
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withdrawal;
2) The depository shall deposit similar securities to the securities accounts and the
unidentified parties account, from which the securities were withdrawn under this Clause to the
number of securities withdrawn from respective accounts within five (5) business days upon
withdrawal or compensate the damages inflicted on the Depositors in accordance with
agreements and additional agreements concluded with the Depositors taking into account the
requirements of the legislation of the Russian Federation.
In case the discrepancy in the amount of securities mentioned above in this Sub-clause was
due to the actions of the registrar or correspondent depository, the Depository shall have the
right of recourse to the relevant person in the amount of damages reimbursed by the Depository,
including the costs incurred by the Depository for fulfillment of obligations on depositing the
securities. The Depository shall be exempt from the duties of depositing the securities provided
for in this Sub-clause, if the withdrawal of the securities was due to the actions of a
correspondent depository (foreign company registering rights to securities, as a person acting
on behalf of others), the depositor (customer) of which it became in accordance with the written
instructions of the Depositor.
Chapter 18. Confidential information
18.1. The Depository shall ensure confidentiality of information in the Depositors’
securities, including information on operations on the accounts and other information on the
Depositors that it may come to know in the course of depository activities.
18.2. Information on the customers’ (Depositors’) securities accounts may be provided only
to the customers themselves, their authorized persons, the Bank of Russia to the extent of its
powers in audit of the Depository’s activities. Such information may be provided to other state
authorities and their officers only in cases provided for under the federal laws. Depositories
may upon the Depositor’s written order provide information on such Depositor and its securities
account operations to any third parties.
18.3. The Depository shall be liable for any damage inflicted on the Depositor in the event
of confidential information disclosure in accordance with the legislation of the Russian
Federation.
18.4. The Depositor agrees that any confidential information about it, including the
information in the Depositor questionnaires registered in the Depository, may be disclosed to
the issuer, the registrar, another depository without the Depositor’s consent based on the data
of the Depository’s system for depository accounting in cases provided for under the legislation
of the Russian Federation. The Depositor shall be liable for the fairness of information provided
to the Depository and for prompt renewal of the questionnaire details.
18.5. In accordance with Federal Law No. 152-ФЗ On Personal Data dated July 27, 2006,
Bank ICBC (JSC) is a personal data processor for the purposes provided for under the
legislation of the Russian Federation as well as for the purposes of performance of the
depository agreement concluded with the Depositor in rendering the services permitted under
federal laws and other regulations related to keeping the Depositor’s securities accounts and
assistance in exercise of rights to securities. The Depositor that is an individual as well as
individuals that are authorized representatives of Depositors shall grant their consent to personal
data processing.
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18.6. The end period of personal data processing is five (5) years after termination of
contractual relationships with Bank ICBC (JSC). Withdrawal of consent for personal data
processing is performed by sending a respective written application in free form to Bank ICBC
(JSC). The consent shall be deemed canceled on the business day following the day of receipt
by Bank ICBC (JSC) of the written notice of consent withdrawal. In the event of consent
withdrawal, Bank ICBC (JSC) shall stop processing of the personal data from the business day
following the day of receipt of the notice on consent withdrawal except for the cases determined
under the legislation of the Russian Federation.
Chapter 19. Depository Service Payment and Payment Procedure
19.1. Services rendered by the Depository shall be paid by the Depositor in the amount and
within the time frame determined under the tariffs and these Terms and Conditions.
The commissions charged for the Depository’s services are not subject to value added tax.
19.2. Additionally, the Depositor shall compensate for the expenses incurred by Bank ICBC
(JSC) in performance of the Depositor’s orders (payment for the services of registrars, transfer
agents, correspondent depositories, etc.), if the tariffs of Bank ICBC (JSC) for depository
activities (Annex 30 to the Terms and Conditions) stipulate otherwise. Any expenses in a
foreign currency shall be translated in Russian rubles at the rate of the Bank of Russia on the
day of payment by Bank ICBC (JSC) of such expenses.
19.3. Below are the methods of payment for the Depository’s services:
- Under the Depositor’s prior acceptance in the form of request for writing-off the fee for
depository services (Annex 10 hereto) subject to availability of funds in the Depositor’s
accounts for settlements on securities operations, other accounts opened for the Depositor with
Bank ICBC (JSC). The Depositor shall grant the Depository an unconditional right to debit
without any additional order the payment for the services from any of the Depositor’s account
opened with Bank ICBC (JSC) in the amount and within the time frame specified under these
Terms and Conditions;
- In the absence of sufficient funds on the above-mentioned accounts or in the absence of
pre-acceptance of the Depositor made on form of Annex 10 to the Terms and Conditions, the
Depository shall invoice the Depositor for the services rendered. The invoice shall be issued by
the Depository not later than on the fifth (5th) business day of the month following the reporting
month.
19.4. The Depository shall transfer the invoice to the Depositor in any of the following
ways:
- personally,
- by mail,
- by e-mail followed by the provision of originals,
- other means specified in the questionnaire of the Depositor.
19.5. The Depositor shall pay the invoice by transfer of funds to the details specified in the
invoice within ten (10) business days from the date of sending the invoice. The date of crediting
the Depository’s account shall be the date of payment.
In case of violation of terms of payment by the Depositor of the invoices issued by the
Depository, the Depositor shall pay a penalty of 0.5% of the invoice amount for each day of
delay.
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If an invoice for the services rendered by the Depository was sent to the Depositor and there
are funds in the accounts specified in Clause 18.3, Bank ICBC (JSC) may write off the amount
specified in the invoice in the manner provided for under Clause 18.3 hereof.
19.6. The Depository may withhold amounts of the Depositor’s debt to the Depository from
the amounts of income payable to the Depositor on the securities kept and/or registered in the
Depository or from other payments to the depositor performed by the Depository. Thus, the
income (other payments) transferred to the Depositor shall be reduced by the amount of the
Depositor’s debt to the Depository.
19.7. The Depository may refrain from performance of the Depositor’s orders by
suspending operations on the Depositor’s securities account (securioties subaccounts) on the
basis of the Depository’s duty assignment by sending a relevant notice to the Depositor in the
event that the Depositor fails to pay for the Depository’s services till the Depositor fulfills its
payment obligations in full, including the penalty as of the payment day. Upon fulfillment by
the Depositor of all financial obligations to Bank ICBC (JSC), operations on the Depositor’s
securities account shall be resumed on the basis of the Depository’s duty assignment.
Chapter 20. Procedure for Depositor Complaint and Inquiry Examination
20.1. For the purposes of this section, complaint shall mean a written or oral application of
the Depositor containing a claim that the employees of Bank ICBC (JSC) violated its rights and
lawful interests. A request shall mean any written application of the Depositor to the
Depository, except for the complaint, aimed at the receipt of any information the Depositor may
need, which should be provided under the legislation or internal regulations of the Depository
and which does not require the Depository to perform an information operation as well as to
eliminate possible errors made by employees of the Depository.
20.2. The Depositor’s complaints can be oral and/or made in writing. The oral complaint
may be expressed by the Depositor (its representative) during direct servicing or during
telephone conversations. A written complaint may come in the form of a written statement of
an individual, a letter of an individual or legal entity on paper, in the form of electronic
documents through the channels of the system of the client-bank (if any), a messages via e-
mail. The oral complaint may be personally expressed by the Depositor (its representative) to
any employee of Bank ICBC (JSC)
20.3. The depositors’ requests shall be accepted by the employees of the Depository in
writing made on form of Depository’s Application (Annex 31 to the Terms and Conditions) on
a daily basis except for days off.
20.4. Written complaints are accepted in an arbitrary form.
20.5. Written complaints and requests that do not contain information about the full name
of the legal entity, name, surname, patronymic (if any) of an individual or the location (address)
of the Depositor, shall be recognized anonymous and not considered, except in cases when the
applicant is (was) a customer of Bank ICBC (JSC) and can be identified unambiguously.
20.6. The complaint containing obscene or offensive language, threats to life, health, and
property of the officer of Bank ICBC (JSC), as well as members of his/her family, shall be left
without an answer on the merits of the raised questions therein. The person submitting such a
complaint may be pointed to the inadmissibility of the abuse of the right to complaint.
66
20.7. With regard to the complaint, the text of which cannot be read, the Depositor, if its
name or surname and e-mail address are readable, within three (3) working days of receipt of
the complaint shall be sent a reasoned response on leaving the complaint without consideration.
20.8. The complaint shall not be considered, if the terms of storage of the documents relied
upon by the Depositor in the complaint have expired.
20.9. Complaints and requests not subject to review except for those specified in Clause
19.5 of the Terms and Conditions shall be sent to whom it may concern within fifteen (15) days
from the date of receipt with a simultaneous notice to the Depositor.
20.10. Complaints and requests shall be considered within no later than ten (10) business
days from the date of their receipt.
20.11. A repeated complaint or request may be dismissed without prejudice if the repeated
application contains no new information and all reasons in it were considered carefully and
objectively and the Depositor was given an answer. In this case a notice shall be sent to the
Depositor of dismissing the complaint or request without prejudice with a reference to the
previously given answer.
20.12. If the answer on the merits of the issues raised in the complaint cannot be given
without the disclosure of information protected by the legislation of the Russian Federation,
including the components of the commercial or other secret protected by law, the Depositor (or
its representative), which have sent the application, shall be notified on inability to give an
answer on the merits of the issues raised in it because of the inadmissibility of disclosure of the
above information.
20.13. In the course of consideration, the Depository may request additional documents and
information from the Depositor.
20.14. The response to the complaint or request to the Depositor should contain a motivated
reaction to each argument used by the depositor, with a reference to respective requirements of
the legislation of the Russian Federation, including regulations of the Bank of Russia,
documents of Bank ICBC (JSC), agreements related to this matter, as well as to the actual
circumstances of the matter under consideration.
Chapter 21. Final provisions
21.1. These Terms and Conditions enter into force from February 03, 2020.
21.2. From the date of entry into force of these Terms and Conditions, the ‘Terms and
Conditions of Depository Activities of Bank ICBC (JSC)’ approved by Protocol No. 36 of the
Board of Management of Bank ICBC (JSC) dated December 17, 2019, shall cease to be valid.
21.3. If the standards of these Terms and Conditions come into collision with the norms of
the legislation of the Russian Federation, the norms of the applicable legislation shall prevail.
President Li Wencong
67
Annex 1
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
List of documents required for conclusion of a depository agreement with an individual who is the citizen of the Russian Federation
1. Original or notarized copy of identity document.
2. Customer questionnaire for an Individual (Annex 6 to the Terms and Conditions).
3. Original or notarized copy of TIN (Taxpayer Identification Number) assignment
certificate (if any).
4. Original or notarized copy of a power of attorney in the name of the authorized
representative of an individual relating to the right of signature of orders and other documents
on behalf of the individual as well as the original or a notarized copy of the document
confirming the identity of the authorized representative of the individual.
5. Consent to the Processing of Personal Data and use by Bank ICBC (JSC) (Annex 8
hereto) and Consent to the Processing of Personal Data (Annex 9 hereto) of the customer and
its authorized representative (if any).
6. Other documents at the discretion of Bank ICBC (JSC).
68
Annex 2
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
List of documents required for conclusion of a depository agreement with an individual who is a foreign citizen or a person without nationality
1. Customer’s identity document issued by competent authorities of foreign states (to be
provided with its notarized Russian translation).
2. Original or copy certified by the customer’s authorized person, the migration card.
3. Original, notarized copy or copy certified by the customer’s authorized person of the
document confirming the right of stay in the territory of the Russian Federation (one of the
below):
- the Russian Federation residence permit;
- temporary residence permit;
- visa;
- other document confirming the right of a foreign citizen or a stateless person to stay
(residence) in the Russian Federation.
4. Customer questionnaire for an Individual (Annex 6 to the Terms and Conditions).
5. Original or notarized copy of TIN (Taxpayer Identification Number) assignment
certificate (if any).
6. If the individual is a refugee, he/she shall provide the original or a notarized copy of
certificate of consideration of application for refugee status, issued by the diplomatic or
consular office of the Russian Federation or the immigration control post or a territorial body
of the federal executive authority responsible for the migration service or a refugee certificate.
7. Original or notarized copy of a power of attorney in the name of the authorized
representative of an individual relating to the right of signature of orders and other documents
on behalf of the individual as well as the original or a notarized copy of the document
confirming the identity of the authorized representative of the individual.
8. Consent to the Processing of Personal Data and use by Bank ICBC (JSC) (Annex 8
hereto) and Consent to the Processing of Personal Data (Annex 9 hereto) of the customer and
its authorized representative (if any).
9. Other documents at the discretion of Bank ICBC (JSC).
69
Annex 3
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
List of documents required for conclusion of a depository agreement with a legal entity incorporated in accordance with the legislation of the
Russian Federation
1. Customer Information Form (Legal Entity) (Annex 7 to the Terms and Conditions).
2. Original or notarized or certified by a registration authority copies of constituent
documents of legal entity corresponding to the requirements of the legislation of the Russian
Federation to the organizational and legal forms, as modified and amended, valid on the date
of submission.
3. Original or notarized copy of certificate of entry into the Unified State Register of Legal
Entities about the legal entity registered before July 1, 2002 (for organizations registered before
July 1, 2002).
4. Original or notarized copy or copy certified by a competent authority of the certificate
of state registration of legal entity or notarized copy of the certificate of an entry in the Uniform
State Register of Legal Entities (for entities registered after January 1, 2017).
5. The original or notarized copies of certificates on modifications to the Unified State
Register of Legal Entities on state registration of modifications to the constituent documents.
6. Original or notarized copy of the certificate of tax registration of a legal entity
incorporated in accordance with the legislation of the Russian Federation, in the location in the
territory of the Russian Federation or any other document issued by the tax authority in cases
provided for under the legislation of the Russian Federation (if any).
7. Originals or notarized copies of licenses (permits) issued to the legal entity in the
manner established by the legislation of the Russian Federation to engage in activities subject
to licensing if such licenses are directly related to the customer’s ability to conclude a relevant
depository agreement.
8. originals or notarized copies of documents or copies of documents certified by the
authorized person of the entity confirming the powers of the person acting on behalf of the legal
entity without a power of attorney (orders of appointment and/or protocols of the relevant
authorities on the election (appointment) to the position).
9. Original or notarized copy of the power of attorney executed in accordance with the
Russian legislation for persons having the right to provide and receive documents to/from Bank
ICBC (JSC).
10. Original of the notarizes sample signatures and seal card or a notarized copy of the
notarizes sample signatures and seal card. The sample signatures and seal card does not have to
be provided in the event that the depository agreement provides that orders on the Depositor’s
securities accounts shall be performed only with the use of an analogue of the manual signature.
11. Originals or notarized copies or copies certified by an authorized person of the entity of
documents (resolutions, orders, directions) on provision of the right of signature to persons
possessing the right of signature on behalf of the legal entity.
70
12. Originals or notarized copies of documents confirming the identity of persons entitled
to act on behalf of the legal entity without a power of attorney and persons entitled to sign
documents on behalf of the legal entity.
13. Originals or notarized copies of the powers of attorney executed in accordance with the
legislation of the Russian Federation for persons entitled to sign documents on behalf of the
legal entity.
14. Notarized copies of letters or copies of letters of the territorial division of the Bank of
Russia printed from the official website of the Bank of Russia and certified by the legal entities
as regards the approval or persons whose appointment to such positions is subject to such
approval and possessing the right to sign depository orders and other documents on behalf of
the legal entity (for credit institutions only).
15. Information (documents) on financial standing (provide any items listed below):
- Copies of annual accounting reporting (financial statements) (balance sheet, profit and
loss statement);
- And/or copies of annual (or quarterly) tax reporting with notes of the tax authority on
their acceptance or without such notes with a copy attached of the notice of delivery of
registered mail with the list of enclosures (if sent by mail) or a copy of paper delivery
confirmation (if sent electronically);
- And/or a copy of the auditor opinion on the annual report for the previous year, in which
the fairness of the financial (accounting) reporting is confirmed as well as compliance of the
accounting standards with the legislation of the Russian Federation;
- And/or a certificate of fulfillment by the taxpayer (levy payer, tax agent) of its obligation
on payment of taxes, levies, penalties, fines issued by the tax authority;
- And/or information on the absence of any legal entity insolvency (bankruptcy)
proceedings, effective resolutions of law courts on its insolvency (bankruptcy), any liquidation
procedures as of the date of delivery of the documents to the credit institution;
- And/or notice of bank accounts held in other Russian and foreign banks issued by the
tax authority and also, based on the said information, the information about lists No. 1, 2 of
unpaid documents and outstanding loans issued by the Russian and foreign banks;
- And/or information on the rating of the legal entity in the Internet on the websites of
international rating agencies (Standard & Poor’s, Fitch-Ratings, Moody’s Investors Service,
etc.) and national rating agencies.
16. The financial standing of legal entities, the period of activity of which does not exceed
three (3) months from the date of registration, shall be confirmed by:
- Information about the absence of a default by the entity on fulfillment of its financial
obligations due to lack of funds in bank accounts;
- And/or information on the absence of any legal entity insolvency (bankruptcy)
proceedings, effective resolutions of law courts on its insolvency (bankruptcy), any liquidation
procedures as of the date of delivery of the documents to Bank ICBC (JSC);
- And/or certificate from the credit institution, in which the legal entity was previously or
is currently in service, on accounts (deposits) opened with the credit institution, specifying the
accounts balances (if any);
- Or written confirmation of absence of the aforesaid documents and their provision as
they are received.
17. Information on the goodwill of the legal entity (in free form in writing, if available):
- Notes of other customers of Bank ICBC (JSC) having business relations with the legal
71
entity;
- And/or notes of other credit institutions the legal entity used to be serviced by with
estimation by those credit institutions of the goodwill of the legal entity.
In the absence of the possibility of obtaining information about the goodwill of the legal
entity in the form of the above documents, Bank ICBC (JSC) shall use the following documents
in order to determine and verify the customer’s business reputation:
- Feedback or other information on the goodwill of the legal entity in free form in writing,
obtained from third parties (suppliers, partners, etc.);
- And/or information on the goodwill of the legal entity in free form in writing, provided
by the entity being identified itself;
- And/or information on the goodwill in free form in writing received by Bank ICBC (JSC)
from other legally available sources of information (Internet, etc.);
- Documents confirming the origin of funds and/or other property of the Customer;
documents confirming the information on the place of performance or actual location of the
legal entity, its permanent governing authority, other body or person entitled to act on behalf of
the legal entity without a power of attorney (copies of documents confirming ownership of
building, premises; lease (sublease) agreement and/or other documents confirming the location
at the registered address of the legal entity or similar documents confirming the information on
actual location of its permanent governing authority, other bodies), etc. (to be provided only by
non-credit institutions).
18. Consent to the Processing of Personal Data and use by Bank ICBC (JSC) (Annex 8
hereto) and Consent to the Processing of Personal Data (Annex 9 hereto) of the customer’s
authorized representative.
19. Information on the legal entity accepted for servicing/serviced in Bank ICBC (JSC)
made on form of Bank ICBC (JSC), or the information on the branch/representative office of
the legal entity accepted for servicing/serviced in Bank ICBC (JSC) made on form of Bank
ICBC (JSC) (for the branch/representative office of a legal entity), or the questionnaire of the
Customer that is a financial market entity made on form of Bank ICBC (JSC) (for a credit
institution) or made on form of the credit institution if such form contains all necessary
information in accordance with the legislation of the Russian Federation, information on the
beneficiary owner made on form of Bank ICBC (JSC), information on the individual that is the
sole executive body of the legal entity made on form of Bank ICBC (JSC).
20. Other documents at the discretion of Bank ICBC (JSC).
21. To open an account for a branch and/or representative office of the legal entity, in
addition to the documents specified above, the following documents shall be provided:
- Original or a notarized copy of the regulation on the branch (representative office) of
a legal entity;
- Documents confirming the powers of the head of a branch (representative office) of
the legal entity;
- Original or notarized copy of the notice on registration of the legal entity with the tax
authority at the location of the branch (representative office) of the legal entity.
22. To open depository program securities account, the Depositor that is a foreign entity
shall additionally provide a copy of a permission for placement and/or trading of issue-grade
securities of Russian issuers outside the Russian Federation by placement under a foreign law
of foreign issuers’ securities confirming the rights as regards the issue-grade securities of
72
Russian issuers, issued under Article 16 of Federal Law No. 39-ФЗ On Securities Market dated
April 22, 1996.
23. To open a foreign authorized securities account, the Depositor that is a foreign entity
shall also provide:
- documents confirming that the foreign legal entity was incorporated in a member country
of the Organization for Economic Co-operation and Development (OECD), a member or an
observer of the Financial Action Task Force on Money Laundering (FATF), and/or member of
the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the
Financing of Terrorism (MONEYVAL), or a state, with appropriate authorities (appropriate
organizations) of which the Bank of Russia concluded an agreement providing for a procedure
for their interaction, and that such entity may, under its personal law and not being the owner
of securities, perform in its name and on behalf of other persons any legal and actual operations
with the securities, exercise rights to the securities;
- or application signed by an authorized representative of the Depositor confirming that
the foreign entity may under its personal law, and not being the owner of securities, perform in
its name and on behalf of other persons any legal and actual operations with the securities,
exercise rights to the securities. Such application may be executed as a separate document or
may be part of another document.
73
Annex 4
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
List of documents required for conclusion of a depository agreement with and individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation
1. Customer’s identity document.
2. Certificate of state registration of individual entrepreneur (original or notarized copy).
Individual entrepreneurs registered before January 1, 2004, shall provide a copy of the
certificate of entry in the Unified State Register of Individual Entrepreneurs before January 1,
2004 issued by an authorized federal executive body, or other documents prescribed by the
legislation.
3. Information on the insurance number of the individual ledger account of a person insured
in the mandatory pension insurance system (if any).
4. Certificate of registration with the tax authority (original, notarized copy) (if any, in the
event of conclusion of a depository agreement with an individual engaged in private practice in
the manner established under the legislation of the Russian Federation, the document is
mandatory).
5. Extract from the Unified State Register of Individual Entrepreneurs, issued not earlier
than thirty (30) days, original (if the updated data are not yet available on the Federal Tax
Service website).
6. Licenses (patents) issued to an individual entrepreneur or a person engaged in private
practice in the manner established under the legislation of the Russian Federation to perform
activities subject to licensing (regulated by issuance of a patent) if such licenses (patents) are
directly related to the customer’s ability to conclude a depository agreement.
7. In the event of conclusion of a depository agreement with a notary public or a lawyer, the
document shall be additionally provided confirming the powers of the notary public
(appointment to the position) issued by the judicial bodies of the constituent subjects of the
Russian Federation or the document confirming the lawyer’s registration in the lawyer register
and the document confirming the incorporation of the legal office, respectively.
8. Notarized sample signatures and seal card. The sample signatures and seal card does not
have to be provided in the event that the depository agreement provides that orders on the
Depositor’s securities accounts shall be performed only with the use of an analogue of the
manual signature.
9. Originals or notarized copies or copies certified by the customer of documents on
provision of the right of signature to persons possessing the right of signature on behalf of the
customer.
10. Originals or notarized copies of documents confirming the identity of persons entitled
to act on behalf of the customer without a power of attorney and persons entitled to sign
documents on behalf of the customer.
11. Originals or notarized copies of the powers of attorney executed in accordance with the
legislation of the Russian Federation for persons entitled to sign documents on behalf of the
customer.
74
12. Notice on assignment of codes of state statistical observation by the state statistical
bodies certified by the individual entrepreneur or an individual engaged in private practice (if
any).
13. Customer questionnaire for an Individual (to the Terms and Conditions).
14. Consent to the Processing of Personal Data and use by Bank ICBC (JSC) (Annex 8
hereto) and Consent to the Processing of Personal Data (Annex 9 hereto) of the customer and
its authorized representative (if any).
15. Documents confirming the information on the customer’s actual location (documents
confirming ownership of buildings, premises, lease (sublease) agreements and/or other
documents confirming the presence at the registration address or similar documents confirming
the information on the customer’s actual location.
16. Individual entrepreneur which is a foreign citizen or an individual engaged in private
practice in the manner established under the legislation of the Russian Federation that is a
foreign citizen , shall additionally provide the original or a copy certified by the customer’s
authorized person of the migration card and the original, a notarized copy or a copy certified
by the customer’s authorized person of the document confirming the right of the foreign citizen
to stay in the Russian Federation (one of the below):
- residence permit;
- temporary residence permit;
- visa;
- any other document confirming the right of a foreign citizen or a person without
citizenship to stay (residence) in the Russian Federation under the legislation of the Russian
Federation.
17. Information (documents) on financial standing (provide any items listed below):
- Copy of annual accounting reporting as of the last reporting date (balance sheet, profit
and loss statement) with notes of the tax authority on their acceptance or without such notes
with the notice of delivery of registered mail with the list of enclosures (if sent by mail) or a
copy of paper delivery confirmation (if sent electronically);
- And/or copies of annual (quarterly) tax reporting (for the last reporting dates) with notes
of the tax authority on their acceptance or without such notes with a copy attached of the notice
of delivery of registered mail with the list of enclosures (if sent by mail) or a copy of paper
delivery confirmation (if sent electronically);
- And/or a copy of the auditor opinion on the annual report for the previous year, in which
the fairness of the accounting (financial) reporting is confirmed, as well as compliance of the
accounting standards with the legislation of the Russian Federation;
- And/or a certificate of fulfillment by the taxpayer (levy payer, tax agent) of its obligation
on payment of taxes, levies, penalties, fines issued by the tax authority (issued not earlier than
one (1) month);
- And/or information on the absence of any legal entity insolvency (bankruptcy)
proceedings, effective resolutions of law courts on its insolvency (bankruptcy), any liquidation
procedures as of the date of delivery of the documents to Bank ICBC (JSC);
- And/or notice of bank accounts held in other Russian and foreign banks issued by the
tax authority and also, based on the said information, the information about lists No. 1, 2 of
unpaid documents and outstanding loans issued by the Russian and foreign banks;
- And/or information on the rating of the legal entity in the Internet on the websites of
international rating agencies (Standard & Poor’s, Fitch-Ratings, Moody’s Investors Service,
75
etc.) and national rating agencies.
18. The financial standing of individual entrepreneurs, the period of activity of which does
not exceed three (3) months from the date of registration, shall be confirmed by:
- Information about the absence of a default by the individual entrepreneur on fulfillment
of its financial obligations due to lack of funds in bank accounts;
- And/or information on the absence of any individual entrepreneur insolvency
(bankruptcy) proceedings, effective resolutions of law courts on its insolvency (bankruptcy),
any liquidation procedures as of the date of delivery of the documents to Bank ICBC (JSC);
- And/or certificate from the credit institution, in which the individual entrepreneur was
previously or is currently in service, on accounts (deposits) opened with the credit institution,
specifying the accounts balances (if any).
19. Information on goodwill (in free form in writing, if available):
- Notes of other customers of Bank ICBC (JSC) having business relations with the
individual entrepreneur;
- And/or notes of other credit organizations the individual entrepreneur used to be serviced
by with estimation by those credit organizations of the goodwill of the individual entrepreneur.
20. Information on the individual entrepreneur accepted for servicing or serviced in Bank
ICBC (JSC) made on form of Bank ICBC (JSC), information on the beneficiary owner made
on form of Bank ICBC (JSC).
21. Other documents at the discretion of Bank ICBC (JSC).
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Annex 5
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
List of documents for conclusion of a depository agreement with a legal entity (stand-alone units of legal entities) incorporated in accordance with
the legislation of a foreign state
1. Customer Information Form (Legal Entity) (Annex 7 to the Terms and Conditions).
2. Other documents confirming the legal status of the company in accordance with the
legislation of the country, in which the legal entity was incorporated:
- Constituent documents;
- Documents confirming payment of state fee for the registration of a legal entity;
- Extract from the commercial register (if available in accordance with the legislation of
the country of registration) issued not earlier than six (6) months before the date of submission.
3. Documents confirming the powers of the sole executive body (the head) of the legal entity
(the decision on appointment, order, etc.).
4. Power(s) of attorney granting relevant rights to authorized representatives of the entity
(the right to sign documents on behalf of the entity, submit and receive documents, sign orders
for operations on securities account and other documents, etc.).
5. Copies of identity documents of authorized representatives of the customers, properly
certified.
6. Certificate of registration of a foreign company with the tax authority in the territory of
the Russian Federation (if any).
7. Licenses (permits) issued to the legal entity to perform its activities subject to licensing
(if any) if such licenses are related directly to the customer’s ability to conclude the relevant
depository agreement.
8. Permit of the national (central) bank of the foreign state if such permit is required for
conclusion of a depository agreement in accordance with international treaties involving the
Russian Federation.
9. Banking sample signatures and seal card (album of samples of signatures) or a document
with the signatures and stamp, issued in accordance with the legislation of the foreign country;
The sample signatures and seal card does not have to be provided in the event that the depository
agreement provides that orders on the Depositor’s securities accounts are performed only with
the use of an analogue of the manual signature.
10. Documents confirming the powers of the persons specified in the banking sample
signatures and seal card, or album of sample signatures, or a document with sample signatures
and a seal issued in accordance with the laws of a foreign state (orders of appointment, orders
and/or powers of attorney granting authority to sign).
11. Information (documents) on the financial standing of non-resident legal entities (any of
the below at the customer’s discretion):
- A copy of the financial report for the last reporting period provided by a non-resident
legal entity to the authorized state bodies at the place of registration or activity (in the absence
of a financial report for the last reporting period, a financial report for the previous reporting
period shall be provided) indicating information on a stately available source of information
77
containing the financial report (if available);
- And/or a copy of the auditor opinion on the annual report for the previous year, in which
the fairness of the financial (accounting) reporting is confirmed, as well as compliance of the
accounting standards with the legislation of the place of location (registration) of a legal entity;
- And/or certificate from the credit institution, in which the non-resident legal entity was
previously or is currently in service, on accounts (deposits) opened with the credit institution,
specifying the accounts balances;
- And/or copy of annual accounting reporting as of the last reporting date (balance sheet,
profit and loss statement) with notes of the tax authority on their acceptance or without such
notes with a copy of the notice of delivery of registered mail with the list of enclosures (if sent
by mail) or a copy of paper delivery confirmation (if sent electronically);
- And/or copy of annual (quarterly) tax reporting (for the last reporting dates) with notes
of the tax authority on their acceptance or without such notes with a copy attached of the notice
of delivery of registered mail with the list of enclosures (if sent by mail) or a copy of paper
delivery confirmation (if sent electronically);
- And/or a copy of the auditor opinion on the annual report for the previous year, in which
the fairness of the financial (accounting) reporting is confirmed, as well as compliance of the
accounting standards with the legislation of the Russian Federation;
- And/or a certificate of fulfillment by the taxpayer of its obligation on payment of taxes,
levies, penalties, fines issued by the tax authority (issued not earlier than one (1) month);
- And/or information on the absence of any legal entity insolvency (bankruptcy)
proceedings, effective resolutions of law courts on its insolvency (bankruptcy), any liquidation
procedures as of the date of delivery of the documents to the credit institution;
- And/or notice of bank accounts held in other Russian and foreign banks issued by the
tax authority and also, based on the said information, the information about lists No. 1, 2 of
unpaid documents and outstanding loans issued by the Russian and foreign banks;
- And/or information on the rating of the legal entity in the Internet on the websites of
international rating agencies (Standard & Poor’s, Fitch-Ratings, Moody’s Investors Service,
etc.) and national rating agencies.
Legal entities whose operation period is less than three (3) months from the day of
incorporation and does not permit presentation to Bank ICBC (JSC) of the above documents
shall submit a written confirmation of unavailability of such documents and provide the
documents as they are received.
12. Information on the goodwill of the legal entity (in free form in writing, if available):
- Notes of other customers of Bank ICBC (JSC) having business relations with the legal
entity;
- And/or notes of other credit institutions the legal entity used to be serviced by with
estimation by those credit institutions of the goodwill of the legal entity.
13. Consent to the Processing of Personal Data and use by Bank ICBC (JSC) (Annex 8
hereto) and Consent to Cross-Border Transfer of Personal Data (Annex 9 hereto) of the
customer’s authorized representative.
14. Authorized representative of the customer that is a foreign citizen or a person without
nationality residing in the territory of the Russian Federation, shall, beside the identity
document, provide the original, a notarized copy or a copy certified by the customer’s
authorized person of a document confirming the right of stay in the territory of the Russian
Federation (residence permit, temporary residence permit, visa, any other document) as well as
78
the original or a copy certified by the customer’s authorized person of the migration card.
15. Information on the legal entity accepted for servicing/serviced in Bank ICBC (JSC)
made on form of Bank ICBC (JSC), or the information on the branch/representative office of
the legal entity accepted for servicing/serviced in Bank ICBC (JSC) made on form of Bank
ICBC (JSC) (for the branch/representative office of a legal entity), or the questionnaire of the
Customer that is a financial market entity made on form of Bank ICBC (JSC) (for a credit
institution), information on the beneficiary owner made on form of Bank ICBC (JSC),
information on the individual that is the sole executive body of the legal entity made on form
of Bank ICBC (JSC).
16. Other documents at the discretion of Bank ICBC (JSC), particularly, documents
confirming the origin of funds and/or other property of the Customer; documents confirming
the information on the place of performance (actual location) of the legal entity, its permanent
governing authority, other body or person entitled to act on behalf of the legal entity without a
power of attorney (documents confirming ownership of building, premises; lease (sublease)
agreement and/or other documents confirming the location in the registered address of the legal
entity or similar documents confirming the information on actual location of its permanent
governing authority, other bodies), etc.
17. Non-resident legal entity that is a credit institution of the Member States of the FATF,
shall have the right not to provide information on the beneficiaries, provided that such a non-
resident legal entity, which is a credit institution, has a record of rating assigned by the
international rating agency Moody’s Investors Service, Standard & Poor’s or Fitch Ratings,
and/or is included in the international bank reference book Bankers Almanac (publishing house
Reed Business Information, UK, using any edition of the reference book issued not earlier than
the calendar year preceding the calendar year of the banking operation or other operation) or in
the list (register of active credit institutions of the relevant foreign state).
18. In addition to the above documents, the branch (representative office) of a legal entity
created in accordance with the legislation of the country of registration of the legal entity
located in the territory of the Russian Federation shall provide the following documents:
- Regulation on branch (representative office) of a non-resident legal entity;
- Certificate of entry in the state register of accredited branches (representative offices) of
foreign legal entities (with an information sheet);
- Certificate of registration of the legal entity with tax authorities at the location of its
stand-alone unit;
- Documents confirming the powers of the head of a branch (representative office) of the
non-resident legal entity.
19. To open a foreign nominee securities account, the Depositor that is a foreign entity shall
also provide:
- Documents confirming that the foreign legal entity was incorporated in a member
country of the Organization for Economic Co-operation and Development (OECD), a member
or an observer of the Financial Action Task Force on Money Laundering (FATF), and/or
member of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures
and the Financing of Terrorism (MONEYVAL), or a state, with appropriate authorities
(appropriate organizations) of which the Bank of Russia concluded an agreement providing for
a procedure for their interaction, and that such entity may perform registration and transfer of
rights to securities under its personal law;
- Or an application signed by an authorized representative of the Depositor confirming
79
that the foreign entity may perform registration and transfer of rights to securities under its
personal law. Such application may be executed as a separate document or may be part of
another document.
80
Annex 6
to the ‘Terms and Conditions
of Depository Activities of
Bank ICBC (JSC)’
Customer questionnaire for an Individual
(to be submitted to the Depository)
Last name, name, and (unless otherwise follows from the law
or national practice) patronymic
Date of birth
Place of birth
Nationality
Address of the place of residence (registration)
Address of the place of stay
Mail address
Contact telephone and fax numbers
Taxpayer status
Taxpayer Identification Number
Details of the identity document:
name
series
number
date of issue
authority, which issued the document
unit code (if any)
Details of the migration card (for non-resident individuals):
number
start date of the period of stay
end date of the period of stay
The details of the document confirming the right of a foreign citizen or a person without citizenship to stay
(residence) in the Russian Federation (for non-resident individuals):
series (if any)
number
start date of the duration of the right of stay (residence)
end date of the duration of the right of stay (residence)
Information on registration as an individual entrepreneur3:
state registration number
date of registration
name of registration authority
place of registration
Information on the license for the activity subject to licensing:
type
number
license issue date
issued by
term
list of activities subject to licensing
Banking accounts details:
Settlements in rubles:
3the space shall be filled in by an individual registered as an individual entrepreneur
81
Beneficiary:
Settlement account:
Name of the bank, TIN/CRR:
Correspondent account:
BIC:
Use these details for income transfer (tick appropriate box
with X or V) Yes No
Other ruble details for income transfer
Beneficiary:
Settlement account:
Name of the bank, TIN/CRR:
Correspondent account:
BIC:
Settlements in foreign currency (U.S. dollars, euros, yuans (as applicable)):
Beneficiary:
Account of beneficiary:
Name of the bank:
Correspondent account of the bank:
SWIFT:
Use these details for income transfer (tick appropriate box
with X or V) Yes No
Other details in foreign currency for income transfer
Beneficiary:
Account of beneficiary:
Name of the bank:
Correspondent account of the bank:
SWIFT:
Method of payment for depository services (tick appropriate box with X or V)
Customer’s pre-authorization for withdrawal from the accounts opened with Bank ICBC (JSC)
Invoicing
Correspondence delivery form (tick appropriate box with X or V):
mail e-mail personally (via an authorized representative) SWIFT
Communications exchange form (tick appropriate box with X or V):
mail e-mail personally (via an authorized representative) SWIFT
Purpose of the questionnaire submission (tick appropriate box with X or V):
Primary filling up of the questionnaire Modification of the questionnaire details
The questionnaire was submitted by (tick appropriate box with X or V):
Depositor Depositor’s authorized representative
Type of securities account (tick appropriate box with X or V):
Owner securities account Trading owner securities account
Additional information Sample signature of authorized persons acting under the power of attorney:
No. 14.1.1.1.1.1. Name Signature sample Power of Attorney
No. ___ dated _________________, 20__
Sample of personal
signature:
clarification of signature
Date of filling in the questionnaire _______________________, 20____
Bank ICBC (JSC)
Date and time of acceptance: _____________________ 20___, _______
Signature _________________/___________________/ Log number ________________
82
Приложение 7 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 7 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Анкета юридического лица/ Customer Information Form (Legal Entity)
(предоставляется в Депозитарий/ it is provided in Depository)
Полное и (в случае, если имеется) сокращенное
наименование, в том числе наименование на
иностранном языке/ Full and abbreviated (if any) company
name including name in a foreign language
Организационно-правовая форма/ Legal form
Идентификационный номер налогоплательщика - для
резидента/ Taxpayer identification number – for resident.
Идентификационный номер налогоплательщика или код
иностранной организации, присвоенный до 24 декабря
2010 года, либо идентификационный номер
налогоплательщика, присвоенный после 24 декабря 2010
года, - для нерезидента. или код иностранной
организации/ Taxpayer identification number or foreign
company code assigned before December 24, 2010, or
taxpayer identification number assigned after December 24,
2010 to a non-resident
Регистрационный номер (ОГРН или номер, присвоенный
иностранный структуре без образования юридического
лица)/ Registration number (OGRN (Primary National
Registration Number) or number assigned to a foreign
structure without establishing a legal entity)
Юрисдикция/ Jurisdiction
Дата государственной регистрации/ Date of state
registration
Место государственной регистрации/ Place of state
registration
Наименование регистрирующего органа/ Name of
registration authority
LEI (Legal Entity Identifier)/ LEI (Legal Entity Identifier)
Адрес местонахождения/ Location address
Почтовый адрес/ Mailing address
Место ведения основной деятельности (для иностранной
структуры без образования юридического лица)/ Place of
conducting main activities (for a foreign structure without
establishing a legal entity)
Коды форм федерального государственного
статистического наблюдения (ОКПО, ОКАТО, ОКВЭД,
иные)/ Federal state statistical monitoring form codes
(OKPO, OKATO, OKVED, other)
Номера контактных телефонов и факсов, SWIFT/ Contact
telephone and fax numbers, SWIFT
Адрес электронной почты, телекс/ E-mail, telex
Реквизиты банковских счетов/ Banking accounts details:
Расчеты в рублях/ Settlements in rubles:
Получатель/ Beneficiary:
Расчетный счет/ Settlement account:
Наименование банка, ИНН/КПП/ Name of the bank,
INN/KPP:
Корреспондентский счет/ Correspondent account:
БИК/ BIC:
83
Использовать указанные реквизиты для перечисления
доходов (нужное отметить знаком X или V)/ Use these
details for income transfer (check as appropriate with X or V)
Да/ Yes Нет/ No
Иные реквизиты в рублях для перечисления доходов/ Other ruble details for income transfer:
Получатель/ Beneficiary:
Расчетный счет/ Settlement account:
Наименование банка, ИНН/КПП/ Name of the bank,
INN/KPP:
Корреспондентский счет/ Correspondent account:
БИК/ BIC:
Расчеты в иностранной валюте (в долларах США, в ЕВРО, в юанях (нужное указать))/ Settlements in foreign
currency (US dollars, euros, yuan (as applicable)):
Получатель/ Beneficiary:
Счет получателя/ Account of beneficiary:
Наименование банка/ Name of the bank:
Корреспондентский счет банка/ Correspondent account of
the bank:
SWIFT:
Использовать указанные реквизиты для перечисления
доходов (нужное отметить знаком X или V)/ Use these
details for income transfer (check as appropriate with X or V)
Да/ Yes Нет/ No
Иные реквизиты в иностранной валюте для перечисления доходов/ Other details in foreign currency for income
transfer
Получатель/ Beneficiary:
Счет получателя/ Account of beneficiary:
Наименование банка/ Name of the bank:
Корреспондентский счет банка/ Correspondent account of
the bank:
SWIFT:
Регистрация в качестве профессионального участника
рынка ценных бумаг (нужное отметить знаком X или V)/
Registration as a professional securities market participant
(check as appropriate with X or V)
Да/ Yes
Нет/ No
Лицензии профессионального участника рынка ценных бумаг/ Licenses of a professional securities market
participant 4:
Наименование лицензии профессионального участника рынка
ценных бумаг/ Type of the license of a professional securities
market participant:
Номер/ Number:
дата выдачи/ date of issue:
срок действия/ validity term:
наименование регистрирующего органа/ name of registration
authority:
Статус как налогоплательщика (резидент или нерезидент)/
Taxpayer status (resident or non-resident)
Наличие налоговых льгот (нужное отметить знаком X или V)/
Tax benefits (check as appropriate with X or V):
Да/ Yes Нет/ No
Копии документов о налоговых льготах прилагаются на __________листах/ Copies of documents on tax
benefits are enclosed on ___________ pages 5
Способ оплаты депозитарных услуг (нужное отметить знаком X или V)/ Method of payment for depository
services (check as appropriate with X or V):
4 Графа заполняется в случае наличия лицензии профессионального участника рынка ценных бумаг/ To
be filled in if a license of a professional securities market participant is available 5 Графа заполняется в случае наличия налоговых льгот/ To be filled in the event of tax benefits
84
Заранее данный акцепт клиента на списание со счета, открытого в АйСиБиСи Банке (АО)/ Customer’s pre-
authorization for withdrawal from the account opened with Bank ICBC (JSC)
Выставление счета/ Invoicing
Форма доставки корреспонденции (нужное отметить знаком X или V)/ Correspondence delivery form (check as
appropriate with X or V):
Почтой
электронной почтой/
лично (через уполномоченного
представителя)/ personally (via an
authorized representative)
SWIFT
Способ обмена информационными сообщениями (нужное отметить знаком X или V) Communications
exchange form (check as appropriate with X or V):
Почтой
электронной почтой/
лично (через уполномоченного
представителя)/ personally (via an
authorized representative)
SWIFT
Цель подачи анкеты (нужное отметить знаком X или V)/ Purpose of form submission (check as
appropriate with X or V):
Первичное оформление анкеты/
Primary filling up of the form
Изменение анкетных данных/ Modification of the form
Вид счета депо (нужное отметить знаком X или V)/Type of securities account (check as appropriate with X or V)
Счет депо владельца/ Owner securities account Торговый счет депо владельца/ Trading owner
securities account
Счет депо номинального держателя/ Nominee securities account Торговый счет депо номинального держателя/ Nominee trading securities account
Счет депо иностранного номинального держателя/ Foreign nominee securities
account
Торговый счет депо иностранного номинального
держателя/ Foreign nominee trading securities
account
Счет депо депозитарных программ/ Depository program securities account
Казначейский счет депо эмитента/ Issuer treasury securities account
Cчет депо доверительного управляющего/ Trustee securities account Торговый счет депо доверительного
управляющего/ Trustee trading securities account
Cчета депо иностранного уполномоченного держателя/ Foreign authorized
holder's deposit securities account
Торговый счета депо иностранного
уполномоченного держателя/ Foreign authorized
holder's deposit trading securities account
Дополнительная информация/
Additional information
О любом изменении в учредительных и иных документах, мы немедленно будем извещать АйСиБиСи Банк
(АО) в письменной форме с одновременным предоставлением соответствующих документов и будем нести всю
ответственность за возможные неблагоприятные последствия, связанные с задержкой получения
АйСиБиСи Банком (АО) такого извещения и соответствующих документов/ We shall immediately notify Bank
ICBC (JSC) in writing of any changes in the constituent and other documents with simultaneous provision of respective
documents and we shall bear full responsibility for any adverse consequences resulting from late receipt by Bank ICBC
(JSC) of such notice and respective documents.
Руководитель/ Head _________________________ _______________/_________________________/
должность/ title подпись/ signature Ф.И.О./ name
Представитель, действующий на основании/
Representative acting under _____________________________ _____________/____________________/
наименование документа/ document name подпись/ signature Ф.И.О./ name
М.П./ L.S.
Дата заполнения Анкеты/ Completed on: ‘_____’__________________20____г.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема/ Accepted on (date and time): ‘_____’______________ 20___ г. ____час. ___ мин.
Подпись/ Signature _________________/_________________________/
Номер по журналу/ Log Number ________________________
85
Приложение 8 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 8 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Согласие на обработку персональных данных/ Consent to the Processing of Personal Data
Клиентов АйСиБиСи Банка (АО)/
Clients of the Bank ICBC (JSC)
Москва/ Moscow ‘____’___________ 20__
Настоящим во исполнение требований и в
соответствии со ст. 9 Федерального закона от
27.07.2006 г № 152-ФЗ ‘О персональных
данных’
Hereby, to fulfill the requirements of and
in accordance with Art. 9 of Federal Law
No. 152-ФЗ dated July 27, 2006 On
Personal Data,
Я/ I, ______________________________________________________________________, (фамилия, имя, отчество (при наличии) полностью/ full name)
паспорт/ passport ___________ выдан/ issued____________________________________, (серия, номер/ series, number) (когда и кем выдан/ issued when and by )
адрес регистрации/ address of registration _______________________________________
___________________________________________________________________________
даю согласие АйСиБиСи Банку (АО),
Российская Федерация, 109028, г.
Москва, Серебряническая набережная,
дом 29, в дальнейшем именуемый ‘Банк’,
на автоматизированную, а также без
использования средств автоматизации,
обработку персональных данных,
включая сбор, запись, систематизацию,
накопление, хранение, уточнение
(обновление, изменение), извлечение,
использование, обезличивание,
блокирование, удаление, уничтожение,
моих персональных данных, а именно:
Ф.И.О., пол, дата и место рождения,
гражданство, серия и номер паспорта, кем
и когда выдан, код подразделения, адрес
места жительства (регистрации) или места
пребывания, номера контактных
телефонов и факсов, адрес электронной
почты, почтовый адрес, ИНН, СНИЛС,
фотография, копии всех страниц
документа, удостоверяющего личность, в
целях обеспечения доступа к
информационным ресурсам Банка в
рамках договора, заключенного между
Банком и
I give my consent to Bank ICBC (JSC), 29,
Serebryanicheskaya emb., Moscow,
109028, Russian Federation, hereinafter
referred to as the ‘Bank’, to the processing of
personal data carried out with the use of
automation tools (any action, operation) or
set of actions (operations) performed without
using automation tools, including collection,
recording, systematization, accumulation,
storage, updating (specification,
modification), extraction, use, transfer
(distribution, provision, access),
depersonalization, blocking, deletion,
destruction of my personal data, namely:
Full name, gender, date and place of birth,
Citizenship, passport series and number, date
of issue and the issuing authority, division
code, actual address, address at the place of
registration, numbers of contact phones and
faxes, e-mail address, postal address, INN
(Taxpayer Identification Number), SNILS
(Insurance Number of Individual Ledger
Account), photo, copies of all pages of the
identity document, in order to ensure access
to the Bank's information resources within
the framework of a contract concluded
between the Bank and
___________________________________________________________________________
Я даю согласие на использование моих
персональных данных в целях:
обеспечения соблюдения законов и иных
I give my consent to the use of my personal
data in order to: ensure compliance with the
laws and other regulatory legal acts of the
86
нормативных правовых актов Российской
Федерации. Данное согласие действует до
истечения срока действия договора между
Russian Federation. This consent is valid
until the expiry of the term of the Contract
between
___________________________________________________________________________
и Банком или до даты его отзыва путём
направления в АйСиБиСи Банк (АО)
письменного обращения об указанном
отзыве в произвольной форме, если иное
не установлено законодательством
Российской Федерации.
С порядком отзыва согласия на обработку
персональных данных ознакомлен(а).
Свидетельствую, что данное Согласие
дано и подписано в добровольном
порядке, без принуждения.
and the Bank or until the date of its
withdrawal by sending to the Bank ICBC
(JSC) a written request for said recall in an
arbitrary form, unless otherwise stipulated by
the legislation of the Russian Federation.
I have read and understood the procedure for
withdrawal of the consent 1to processing of
personal data.
I confirm that by giving such consent, I act
on my own and for my own benefit.
В случае расхождения преимущественную силу имеет версия на русском языке/ In the event of a
divergence, the advantage is in the Russian language.
‘____’________20___ ______________ /_________________/ (подпись/ signature) (ФИО/ full name)
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема/ Accepted on (date and time): _____________________ 20___ ____ час.___ мин.
Подпись/ Signature _________________/___________________/
87
Приложение 9 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 9 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Согласие на трансграничную передачу персональных данных/
Consent to Cross-Border Transfer of Personal Data Клиентов АйСиБиСи Банка (АО)/
Clients of the Bank ICBC (JSC)
Москва/ Moscow ‘____’___________ 20__
Настоящим во исполнение требований и в
соответствии со ст. 12 Федерального закона
от 27.07.2006 г № 152-ФЗ ‘О персональных
данных’
Hereby, to fulfill the requirements of and
in accordance with Art. 12 of Federal
Law No. 152-ФЗ dated July 27, 2006 On
Personal Data,
Я/ I, ______________________________________________________________________, (фамилия, имя, отчество (при наличии) полностью/ full name)
паспорт/ passport ___________ выдан/ issued ___________________________________, (серия, номер/ series, number) (когда и кем выдан/ issued when and by)
адрес регистрации/ address of registration _______________________________________
___________________________________________________________________________
даю согласие АйСиБиСи Банку (АО),
Российская Федерация, 109028, г.
Москва, Серебряническая набережная,
дом 29, в дальнейшем именуемый ‘Банк’,
на трансграничную передачу моих
персональных данных, а именно:
фамилия, имя, отчество, дата и место
рождения, серия и номер паспорта, кем и
когда выдан, фактический адрес (место
проживания/пребывания, адрес по месту
регистрации, ИНН, СНИЛС, контактные
телефоны, адрес электронной почты
(email), место работы, должность, копии
всех страниц документа удостоверяющего
личность, иные персональные данные,
являющиеся необходимыми для
заявленной цели обработки.
Данное согласие действует до истечения
срока действия договора между
I give my consent to Bank ICBC (JSC), 29,
Serebryanicheskaya emb., Moscow,
109028, Russian Federation, hereinafter
referred to as the ‘Bank’, on the cross-border
transfer of my personal data, namely:
Full name, date and place of birth, passport
series and number, date of issue and the
issuing authority, actual address (address at
the place of registration), INN (Taxpayer
Identification Number), SNILS (Insurance
Number of Individual Ledger Account),
numbers of contact phones, e-mail address,
place of work, position, copies of all pages of
the identity document, other personal data
that are necessary for the stated purpose of
processing.
This consent is valid until the expiry of the
term of the Contract between
___________________________________________________________________________
и АйСиБиСи Банком (АО) или до даты его
отзыва путём направления в АйСиБиСи
Банк (АО) письменного обращения об
указанном отзыве в произвольной форме,
если иное не установлено
законодательством Российской
Федерации.
С порядком отзыва согласия на обработку
персональных данных ознакомлен(а).
and the Bank ICBC (JSC) or until the date of
its withdrawal by sending to the Bank ICBC
(JSC) a written request for said recall in an
arbitrary form, unless otherwise stipulated by
the legislation of the Russian Federation.
I have read and understood the procedure for
withdrawal of the consent 1to processing of
personal data.
I confirm that by giving such consent, I act
on my own and for my own benefit.
88
Я подтверждаю, что, давая такое согласие,
я действую по собственной воле и в своих
интересах. В случае расхождения преимущественную силу имеет версия на русском языке/ In the event of a divergence,
the advantage is in the Russian language.
‘____’________20___ ______________ /_________________/ (подпись/ signature) (ФИО/ full name)
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема/ Accepted on (date and time): _____________________ 20___ ____ час.___ мин.
Подпись/ Signature _________________/___________________/
89
Приложение 10 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 10 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
В Депозитарий АйСиБиСи Банка (АО)/
To the depository of Bank ICBC (JSC) От/ From: ________________________________ наименование юридического лица; Ф.И.О. физического
лица/ Name of the legal entity; name of the individual
Адрес/ Address:___________________________
_________________________________________ _________________________________________ Удостоверяющий документ/ Identity document: _________________________________________
________________________________________
наименование, серия, номер, дата, место выдачи/
type, series, number, date, place
‘______’________________20___г.
Заявление/ Application
на списание комиссии за депозитарные услуги/
for writing-off the fee for depository services Я/ I, ____________________________________________________________________,
наименование юридического лица; Ф.И.О./ name of legal entity; name of individual
в лице/ represented by ________________________________________________________,
предоставляю АйСиБиСи Банку (АО)
заранее данный акцепт на списание
комиссии за депозитарные услуги
согласно ‘Тарифам АйСиБиСи Банка
(АО) по депозитарной деятельности’ со
счета
hereby grant Bank ICBC (JSC) a pre-
authorization to write off the fee for the
depository services under the Tariffs of Bank
ICBC (JSC) for depository activities from
account
_______________________________________________________________________,
открытого в АйСиБиСи Банке (АО), в
соответствии с суммами и сроками,
указанными в счетах за депозитарные
услуги, оказанные АйСиБиСи Банком
(АО).
Настоящее заявление действует с даты
его подписания и до прекращения срока
действия депозитарного договора
opened with Bank ICBC (JSC) in accordance
with the amounts and terms specified in the
invoices of Bank ICBC (JSC) for depository
services.
This application shall be valid from the date of
its signature and till the end of the term of
depository Agreement
№________________ от/ dated ‘____’______________20___г.,
либо до получения от Депозитария
АйСиБиСи Банка (АО) уведомления о
полном исполнении обязательств перед
АйСиБиСи Банком (АО).
till the receipt from the depository of Bank
ICBC (JSC) of a notice on fulfillment of
obligations to the depository of Bank ICBC
(JSC).
Депонент/ Depositor:
___________________________ ____________________/_______________________/ должность/ position подпись/ signature Ф.И.О./ Name
М.П./ L.S.
90
Приложение 11 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 11 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Заявление/ Application
на открытие торгового счета (счетов) депо в рамках ранее
заключенного депозитарного договора/
to Open a Trading Securities Account(s) under a Previously Concluded
Depository Agreement ‘____’ ____________ 20___ г.
__________________________________________________________________________________________
Наименование юридического лица; Фамилия, имя, отчество физического лица/
Name of the legal entity; name of the individual
Настоящим прошу открыть торговый счет (счета) депо в рамках заключенного с
АйСиБиСи Банком (АО)/ I hereby request to open a trading securities account(s) under the
agreement concluded with Bank ICBC (JSC):
Договора счета депо владельца/ Owner Securities account agreement
№ ________________________ от/ dated ______________
Договора счета депо номинального держателя/ Nominee securities account
agreement №____________ от/ dated ______________
Договора счета депо иностранного номинального держателя/ Foreign nominee
securities account agreement №_________ от/ dated _____
Договора счета депо доверительного управляющего/ Trustee securities account
agreement №____________ от/ dated ______________
Договора счета депо иностранного уполномоченного держателя/ Foreign
authorized holder's deposit account agreement №____________ от/ dated ______________
Клиринговая организация (отметить нужное)/Clearing organization (tick as
appropriate):
— Небанковская кредитная организация-центральный контрагент
‘Национальный Клиринговый Центр’ (Акционерное общество)/ Central Counterparty
National Clearing Centre
— НКО АО НРД/ NATIONAL SETTLEMENT DEPOSITORY
Настоящим гарантируем, что все ценные бумаги, которые будут депонироваться
нами в Депозитарии АйСиБиСи Банка (АО), принадлежат нам или доверены нам или
будут приобретены нами в полном соответствии с действующим законодательством
Российской Федерации./ We hereby guarantee that any securities we deposit to the depository
of Bank ICBC (JSC) belong to us/are trusted to us or will be acquired by us in full compliance
with the applicable legislation of the Russian Federation. ______________________ _____________________ /____________________/
должность руководителя юридического лица/ подпись/ signature Ф.И.О./ Name
position of the head of the legal entity
Главный бухгалтер/ Chief Accountant ________________ /__________________/
подпись/ signature Ф.И.О./ Name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’__________ 20__ г. __час. __ мин.
Подпись/ Signature _________________/____________________/
Исполнено. Дата и время:/ Executed. Date and time: ‘____’_____________ 20___ г. ____час. ___ мин.
Подпись/ Signature__________/_______________/ Номер по журналу/ Log Number ________________
Открыт(ы) следующий (ие) счет(а) депо/ The following securities account(s) is(are) opened:
Торговый счет депо владельца/ Trading owner securities account
91
Торговый счет депо номинального держателя/ Nominee trading securities account
Торговый счет депо иностранного номинального держателя/ Foreign nominee
trading securities account
Торговый счет депо доверительного управляющего/ Trustee trading securities
account
Торговый счет депо иностранного уполномоченного держателя/ Foreign
authorized holder's deposit trading securities account
Уполномоченное лицо АйСиБиСи Банка (АО)/ Authorized representative of Bank ICBC (JSC)
___________________________________ _____________/______________________/
Должность/ Position подпись/ signature Ф.И.О./ name
М.П./ L.S.
92
Приложение 12 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 12 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Заявление/ Application
на открытие счета (счетов) депо в рамках ранее заключенного
депозитарного договора/ to Open a Securities Account(s) under a
Previously Concluded Depository Agreement ‘____’_____________20___ г.
Настоящим/ Hereby _______________________________________________________
наименование юридического лица; Фамилия, имя, отчество физического лица/ Name of the
legal entity; name of the individual
прошу открыть счет(а) депо/ request opening a securities account(s)
___________________________________________________________________________
указать вид счета/счетов депо/ specify the securities account(s) type
в рамках заключенного с АйСиБиСи Банком (АО)/ under the agreement concluded with
Bank ICBC (JSC), namely:
Договора счета депо владельца/ Owner securities account agreement №
_______________________________ от/dated _________
Договора счета депо номинального держателя/ Nominee securities account agreement
№ _________________ от/dated __________
Договора счета депо иностранного номинального держателя/ Foreign nominee
securities account agreement № ___________________ от/dated ___________
Договора счета депо депозитарных программ/ Depository program securities account
agreement № _____________________ от/ dated _____
Договора казначейского счета депо эмитента (лица, обязанного по ценным бумагам)/
depository program securities account agreement №_________от/dated ________
Договора счета депо доверительного управляющего/ Trustee securities account
agreement №____________ от/ dated ______________
Договора счета депо иностранного уполномоченного держателя/ Foreign authorized
holder's deposit account agreement №____________ от/ dated ______________.
Настоящим гарантируем, что все ценные бумаги, которые будут депонироваться нами в
Депозитарии АйСиБиСи Банка (АО), принадлежат нам или доверены нам или будут
приобретены нами в полном соответствии с действующим законодательством
Российской Федерации/ We hereby guaranty that any securities we deposit in the depository
of Bank ICBC (JSC) belong to us or trusted to us or will be acquired by us in full compliance
with the applicable legislation of the Russian Federation.
_____________________________ __ _________________ /_____________________/ должность руководителя юридического лица подпись Ф.И.О.
position of the head of the legal entity signature name
Главный бухгалтер/ Chief Accountant ________________ /_____________________/
подпись Ф.И.О.
signature name
М.П./ L.S.
93
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’_________ 20__ г. __час. __мин.
Подпись/ Signature _________________/___________________/
Исполнено. Дата и время/ Executed. Date and time: ‘___’______________ 20___ г. ___час. ___ мин.
Подпись/ Signature _________/__________________/ Номер по журналу/ Log Number ____________
Открыт(ы) следующий (ие) счет(а) депо/ The following securities account(s) is(are) opened:
Счет депо владельца/ Owner securities account
Счет депо номинального держателя/ Nominee securities
account
Счет депо иностранного номинального держателя/ Foreign
nominee securities account
Счет депо депозитарных программ/ Depository program
securities account
Казначейский счет депо эмитента/ Issuer treasury securities
account
Cчет депо доверительного управляющего/ Trustee
securities account
Cчета депо иностранного уполномоченного держателя/
Foreign authorized holder's deposit securities account
Уполномоченное лицо АйСиБиСи Банка (АО)/Authorized representative of Bank ICBC
(JSC)
_____________________________ ______________/________________________/ должность/ position подпись/ signature Ф.И.О./ Name
М.П./ L.S.
94
Annex 13
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Application
for closing a securities account (for individuals) ______________________20___
Hereby I,__________________________________________________________________ Name, surname, patronymic
Identity document: ____________________________________________________________ name, series, number, date, and place of issue ____________________________________________________________________________
address of the place of residence (registration) ______________________________________
____________________________________________________________________________
request to close my securities account(s) No._______________________________________.
Depositor:
_________________________ signature
/________________________/ Full name
Bank ICBC (JSC)
Date and time of order receipt: _____________________ 20___, _______
Signature_________________/_____________________________/
Completed. Date and time: _____________________ 20___, _______
Signature _________________/___________________/ Log number ________________
95
Приложение 14 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 14 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Бланк организации/ Headed paper of the organization
Заявление/ Application
на закрытие счета депо (для юридических лиц)/ to Close a Securities Account (for Legal Entities)
‘______’________________20___г.
Настоящим ________________________________________________________________, полное наименование юридического лица/ full name of legal entity
адрес места нахождения/ Location address: ______________________________________,
_________________________________________________________________________
просит Вас закрыть наш счет(а) депо/ hereby request(s) that you close our securities account
№______________________________________.
Депонент/ Depositor:
_______________________________________
должность руководителя юридического лица/
position of the head of the legal entity
_____________/______________________/
подпись/ signature Ф.И.О./ name
Главный бухгалтер/ Chief Accountant ___________/__________________/ подпись/ signature Ф.И.О./ name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘___’_______ 20__ г. __час. __ мин.
Подпись/ Signature _________________/_______________________/
Исполнено. Дата и время/ Executed. Date and time: ‘___’______________ 20___ г. ___час. __ мин.
Подпись/ Signature _________/_______________/ Номер по журналу/ Log Number ______________
96
Annex 15
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Certificate
of opening (closing) a securities account
This is to certify that for
__________________________________________________________________________ name of the legal entity or name, surname, patronymic of the individual
a securities account is opened (closed) with the depository of Bank ICBC (JSC).
Date of securities account opening (closing) __________________ ____, 20___
Account number:__________________
Head of the Depository _____________________ /_____________________/ signature Full name
L.S.
date of issue of certificate _________________ _____, 20___
97
Annex 16
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Certificate
of opening (closing) a securities subaccount
This is to certify that for
__________________________________________________________________________ name of the legal entity or name, surname, patronymic of the individual
subaccount opened (closed): ____________________________________________________ securities subaccount number and name
_______________________________________________________________ securities account number and name
with the Depository of Bank ICBC (JSC)
Date of securities subaccount opening (closing) __________________ ____, 20___
Head of the Depository _____________________ /_____________________/ signature Full name
L.S.
date of issue of certificate _________________ _____, 20___
98
Приложение 17 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 17 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
о регистрации изменений
в анкете юридического или физического лица/
to Register Changes in the Customer Information Form (Legal
Entity/Individual) № ______
‘_____’ _______________ 20___ г.
счет депо/ securities account №
Инициатор операции/ Originator: _____________________________________________
Тип поручения: административный/ Order type: administrative
Наименование Депонента/ Depositor name: ____________________________________
Прошу зарегистрировать следующие изменения в анкете юридического или физического
лица/ I hereby request registration of the following changes in the customer information form
for a legal entity/individual:____________________________________
________________________________________________________________________
___________________________________________________________________________
________________________________________________________________________
Подтверждающие документы прилагаются.
Приложения:
Please find enclosed the following supporting documents:
1. Анкета юридического или физического лица с изменениями/ Legal entity or
individual information form, as amended.
2. ___________________________________________________
Депонент/ Depositor:
_________________________________ ______________________ /___________________________/
должность/ position подпись/ signature Ф.И.О./ Name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’__________ 20__ г. __час. __ мин.
Подпись/ Signature _________________/___________________/
Исполнено. Дата и время/ Executed. Date and time: ‘___’___________ 20___ г. ___час. ___ мин.
Подпись/ Signature ________/_________________/ Номер по журналу/ Log Number ______________
99
Приложение 18 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 18 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на зачисление ценных бумаг/ for deposit of securities № _____ ‘_____’ _______________ 20___ г.
Тип поручения: инвентарный/ Order type: inventory
Инициатор операции/ Originator: _______________________________________________
Вид счета депо отправителя/ Originator’s security account type
Отправитель/ From: полное наименование юридического лица; фамилия, имя, отчество физического
лица/ full name of the legal entity; name of the individual
Счет депо отправителя (раздел)/ Originator’s security account (subaccount)
Место хранения ценных бумаг/ Securities storage place:
Вид счета депо Депонента/ Depositor’s security account type
Депонент/ Depositor:
полное наименование юридического лица; фамилия, имя, отчество/
full name of the legal entity; name of the individual Документ/ Document:
Серия/ Series
№. от/ dated
00.00.0000
ОГРН, паспорт или иное/ OGRN, passport, other document
кем выдан/ issued by
Счет депо Депонента/ depositor’s security account:
раздел/ subaccount:
Место хранения ценных бумаг/ Securities storage place:
Наименование ценной бумаги/
Security name:
Тип ценной бумаги/ Security type:
Номер государственной регистрации/
Security state registration number (ISIN):
Количество ценных бумаг в операции/
Number of securities in the transaction:
ХХХХ ( прописью/ in words) шт./ pcs.
Вышеуказанная ценная бумага/
The above security:
обременена/не обременена обязательствами/
encumbered/non-encumbered
Основание совершения операции/
Basis for transaction:
100
Депонент/ Depositor:
_______________________ _______________/_____________________/ должность/ position подпись/ signature Ф.И.О./ name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘___’__________ 20___ г. ___час. __ мин.
Подпись/ Signature _________________/___________________/
Исполнено. Дата и время/ Executed. Date and time: _____________________ 20___ _______
Подпись/ Signature ______________/________________/Номер по журналу/ Log Number ______________
Дополнительная информация/
Additional information:
101
Приложение 19 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 19 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на списание ценных бумаг/ to Withdrawal Securities № ______ ‘_____’ _______________ 20___ г.
Тип поручения: инвентарный/ Order type: inventory
Инициатор операции/ Originator: _______________________________________________
Вид счета депо отправителя/
Depositor’s security account type
Отправитель/ Depositor:
полное наименование юридического лица; фамилия, имя, отчество физического
лица/ Full name of the legal entity; name of the individual
Документ/
Document:
Серия/
Series
No
.
От/
Dated
00.00.0000
ОГРН, паспорт или иное / OGRN, passport, other document кем выдан/ issued by Счет депо Депонента/
Depositor’s security
account:
раздел/
subaccou
nt:
Место хранения ценных бумаг/
Securities storage place:
Вид счета депо получателя/
Beneficiary’s security account type
Получатель/ Beneficiary:
полное наименование юридического лица; фамилия, имя,
отчество/ Full name of the legal entity; name of the individual
Счет депо получателя (раздел)/
Beneficiary’s security account
(subaccount):
Место хранения ценных бумаг/
Securities storage place:
Наименование ценной бумаги/ Security
name:
Тип ценной бумаги/ Security type:
Номер государственной регистрации
ценной бумаги (ISIN код)/ Security state
registration number (ISIN):
Количество ценных бумаг в операции/
Number of securities in the transaction:
ХХХХ (прописью) шт./ (in words) pcs.
102
Вышеуказанные ценные бумаги/ The above
securities:
обременены/не обременены
обязательствами/ encumbered/non-
encumbered
Основание совершения операции/ Basis for
transaction:
Дополнительная информация/ Additional
information:
Депонент/ Depositor:
________________________ _________________ /_________________________/ должность/ position подпись/ signature Ф.И.О./ name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/Order receipt date and time: ‘__’_________ 20___ г. ___час. ___ мин.
Подпись/ Signature ________________/_________________________/
Исполнено. Дата и время/ Executed. Date and time: _____________________ 20___ _______
Подпись/ Signature ______________/________________/Номер по журналу/ Log Number _____________
103
Приложение 20 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка
(АО)’/Annex 20 to the ‘Terms and Conditions of
Depository Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на перевод ценных бумаг/ to Transfer Securities № ________ ‘_____’ _______________ 20___ г.
счет депо/ securities account No.
раздел счета депо/ securities subaccount No.
корреспондирующий счет депо/ correspondent securities account No.
раздел корреспондирующего счета депо/ securities correspondent subaccount No.
Наименование Депонента, откуда осуществляется перевод/ Name of the depositor
performing the transfer: ________________________________________________________
Счет депо Депонента и раздел, откуда осуществляется перевод/ Depositor’s securities
account and subaccount the transfer is performed from: _______________________________
Инициатор операции/ Originator: _______________________________________________
Тип поручения/ Order type: инвентарный/ inventory
Операция / Transaction: _______________________________________________________
Наименование Депонента, куда осуществляется перевод/ Name of the depositor the transfer
is performed to: ______________________________________________________________
Счет депо Депонента и раздел, куда осуществляется перевод/ Depositor’s securities account
and subaccount the transfer is performed to:________________________________________
Наименование ценной бумаги/ Security name: ____________________________________
Тип ценной бумаги/ Security type: ______________________________________________
Номер государственной регистрации ценной бумаги (ISIN код)/ Security state registration
number (ISIN): ______________________________________________________________
Количество ценных бумаг в операции: ХХХХХХХ (прописью) шт./ Number of securities in
the transaction: ХХХХХХХ (in words) pcs.
Основание совершения операции/ Basis for transaction: _____________________________
Дополнительная информация/ Additional information: ______________________________
Возможность внесудебного списания залога
(выбрать нужное)/ Non-judicial pledge write-off
possible (check)
Да/
Yes
Нет/
No
Депонент/ Depositor:
_______________________ ___________________ /_______________________/ должность/ position подпись/ signature Ф.И.О./ name
М.П./ L.S.
104
Залогодержатель/ Pledge holder 6__________________________________________
Подпись/ Signature
_____________________________ ____________________/____________________/
должность / подпись/ signature Ф.И.О./ name
position М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’_________ 20___ г. ___час. ___ мин.
Подпись/ Signature ________________/_________________________/
Исполнено. Дата и время/ Executed. Date and time: _____________________ 20___ _______
Подпись/ Signature ___________/________________/Номер по журналу/ Log Number _____________
6 Поле ‘залогодержатель’ — заполняется и подписывается залогодержателем при снятии обременения с
ценных бумаг/ To be filled in and signed by the pledge holder in release of securities
105
Приложение 21 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 21 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на изменение места хранения ценных бумаг/to Change Securities Storage
Place №.________ ‘_____’ _______________ 20___ г.
счет депо/ securities account No.
раздел счета депо/ securities subaccount No.
Наименование Депонента/ Depositor name: _______________________________________
Инициатор операции/ Originator: _______________________________________________
Счет депо Депонента/ Depositor’s security account: _________________________________
Тип поручения/ Order type: инвентарный/ inventory
Операция: изменение места хранения ценных бумаг/ Transaction: for change of securities storage
place
Наименование места хранения, откуда производится перемещение ценных бумаг/ Name of the
storage place the securities are relocated from: ______________________________________
_____________________________________________________________________________
Наименование места хранения, куда производится перемещение ценных бумаг/ Name of the
storage place the securities are relocated to:_________________________________________
_____________________________________________________________________________
Наименование ценной бумаги/ Security name: _____________________________________
Тип ценной бумаги/ Security type: _______________________________________________
Номер государственной регистрации ценной бумаги (ISIN код)/ Security state registration number
(ISIN): ________________________________________________________________
Количество ценных бумаг в операции: ХХХХХХХ (прописью) шт./ Number of securities in the
transaction: ХХХХХХХ (in words) pcs.
Основание совершения операции/ Basis for transaction: ______________________________
Дополнительная информация/ Additional information: ______________________________________
Депонент/ Depositor:
_________________________ _________________ /_______________________/ должность/ position подпись/ signature Ф.И.О./ name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/Order receipt date and time: ‘__’__________ 20___ г. __час. __ мин.
Подпись/ Signature ________________/_________________________/
Исполнено. Дата и время/ Executed. Date and time: _____________________ 20___ _______
Подпись/ Signature ______________/________________/Номер по журналу/ Log Number _____________
106
Annex 22
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Depository order
for receipt of certificated securities for storage and accounting No. _______ _____ _______________ 20___
Order type: inventory
Storage method: closed
__________________________________________________________________________ Name of the legal entity; name, surname, patronymic of the individual
__________________________________________________________________________
Securities account No._________________________________________________________
Securities subaccount No._____________________________________________________
Security name, issuer Series Number Date of issue Par value
Total securities: ____________________________________________________________
Total nominal value: ________________________________________________________
__________________________________________________________________________
Depositor:
____________________________________ ___________________ /___________________/
position of the head of the legal entity signature Full name
Chief Accountant ______________________ /_______________________/
signature Full name
L.S.
Bank ICBC (JSC)
Date and time of order receipt: _____________________ 20___, _______
Signature _________________/_______________________/
Completed. Date and time: _____________________ 20___, _______
Signature _________________/___________________/ Log number ________________
107
Annex 23
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Depository order
for removal of certificated securities from storage and accounting No.
_______ _____ _______________ 20___
Order type: inventory
Storage method: closed
__________________________________________________________________________ Name of the legal entity; name, surname, patronymic of the individual
__________________________________________________________________________
Securities account No._______________________________________________________
Securities subaccount No._____________________________________________________
Security name, issuer Series Number Date of issue Par value
Total securities: __________________________________________________________
Total nominal value: _______________________________________________
__________________________________________________________________________
Depositor:
_____________________________ ____________________ /_________________________/
position of the head of the legal entity signature Full name
Chief Accountant __________________ /___________________________/
signature Full name
L.S.
Securities accepted by:
________________________________ _________________ /______________________/ position of the authorized representative signature Full name
_____ _______________ 20___
Bank ICBC (JSC)
Date and time of order receipt: _____________________ 20___, _______
Signature _________________/_______________________/
Completed. Date and time: _____________________ 20___, _______
Signature _________________/___________________/ Log number ________________
108
Приложение 24 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 24 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на реализацию прав по ценным бумагам (участие в корпоративном
действии)/ for execution of rights in securities (participation in corporate
action) № ______ ‘_____’ _______________ 20___ г.
счет депо №/ securities account No.
раздел счета депо №/ securities subaccount No.
Инициатор операции/ Originator: _______________________________________________
Тип поручения: административный/ Order type: administrative
Наименование Депонента/ Depositor name: ______________________________________
___________________________________________________________________________
Наименование ценной бумаги/ Security name: ___________________________________
Номер государственной регистрации ценной бумаги (ISIN код)/ Security state registration
number (ISIN): _____________________
Номинальная стоимость/ Nominal value: ________________________________________
Количество ценных бумаг (штук)/ Number of securities (pcs): _______________________
___________________________________________________________________________
Количество ценных бумаг на дату фиксации (штук)/ Number of securities as of the record
date (pcs): __________________________________________________________________
Место хранения ценных бумаг/ Securities storage place: ___________________________
Тип и дата проведения корпоративного действия/ Type and date of the corporate action:
___________________________________________________________________________
Инструкция для Депозитария/ Instruction for the depository: ________________________
___________________________________________________________________________
Срок начала исполнения/ Start date of execution: __________________________________
Особые условия и дополнительные сведения/ Special conditions and additional
information: _________________________________________________________________
Депонент/ Depositor:
___________________________________ ___________________ /___________________________/
должность/ position подпись/ position Ф.И.О/ Name.
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’_________ 20__ г. __час. __мин.
Подпись/ Signature _________________/___________________/
Исполнено. Дата и время/ Executed. Date and time: ‘__’____________ 20___ г. ____час. ___ мин.
Подпись/ Signature _______/________________/ Номер по журналу/ Log Number _______________
109
Приложение 25 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 25 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Поручение депо/ Depository Order
на совершение информационной операции/ to perform an information
operation № _______ ‘______’________________20___г.
счет депо/ securities account №
Инициатор операции/ Originator:___________________________________________
Тип поручения: информационный/ Order type: information
Наименование Депонента/ Depositor name: __________________________________
Прошу предоставить (нужное отметить Х или V)/ Please provide (check as appropriate
with Х or V):
Выписку по счету депо по состоянию на дату/ Statement of securities account as of
_________________ дата
на конец операционного дня/ Statement of securities account as of
на начало операционного дня (для целей направления предложения о
внесении вопросов в повестку дня, предложения о выдвижении
кандидатов в органы управления и иные органы общества или требования
о проведении внеочередного общего собрания акционеров)/ (Statement of
securities account transactions for the period (for the purposes of sending a
proposal to include issues in the agenda, proposals to nominate candidates to
the management bodies and other bodies of the company or requirements to
hold an extraordinary General meeting of shareholders)
Отчет о совершенной депозитарной операции (операциях) по счету депо/ Report
on depository transactions performed: с/ from по/ to__________ период времени/ time period Другое/ Other ________________________________________________________
Депонент/ Depositor:
_______________________________________ _________________ /_________________________/
должность/ position подпись/ signature Ф.И.О./ Name
М.П./ L.S.
АйСиБиСи Банк (АО)/ Bank ICBC (JSC)
Дата и время приема поручения/ Order receipt date and time: ‘__’________ 20___ г. __час. __мин.
Подпись/ Signature _________________/___________________/
Исполнено. Дата и время/ Executed. Date and time: ‘__’______________ 20___ г. ____час. ___ мин.
Подпись/ Signature ___________/________________/ Номер по журналу/ Log Number ____________
110
Annex 26
to the ‘Terms and Conditions of
Depository Activities of Bank ICBC (JSC)’
Depository of Bank ICBC (JSC)
License of the Bank of Russia No. 045-13992-000100 issued on August 18, 2016
29 Serebryanicheskaya Embankment,
Russia, 109028, Moscow, Telephone(495) 287-30-99; Fax (495) 287-30-98
Report on depository operation (operations) performed on the securities account
from_____________to
Issued on request 7 No from
The securities account number, the name of the securities account_______________________________________________________________
Depositor __________________________________________________________________
Inventory operations № in
order
Order
number and
date
Operation
date
Securities
subaccount
No.
Issuer / name of
security/Securities
state registration
number (ISIN)
Type of
inventory
operation
Opening
balance
Number Closing
balance
Basis of
operation
Correspondent/
Correspondent
Account/
Subaccount
Administrative operations № in order Order number and date Operation date Type of administrative document
Information operations № in order Order number and date Operation date Type of information document
Head of the Depository _______________/_______________/
L.S.
Date and time of report ________________
7 To be filled in if the report is provided on the basis of depository orders to perform an information operation
111
Annex 27
to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Depository of Bank ICBC (JSC)
License of the Bank of Russia No. 045-13992-000100 issued on August 18, 2016
29 Serebryanicheskaya Embankment,
Russia, 109028, Moscow, Telephone(495) 287-30-99; Fax (495) 287-30-98
STATEMENT OF SECURITIES ACCOUNT №___________ ___________________________________________(as of the end of operating day/as of the start of operating day 8)
The securities account number, the name of the securities account ___________________________________________________
Depositor ________________________________________________________________________
Type of securities account___________________________________
Subaccount ____________________________________________________________________
№ Security category Issuer Edition Securities state
registration number
(ISIN)
Face value Number
Total for subaccount _______________
Total for account ________________
Head of the Depository _______________/_______________/
L.S.
Date and time of report ________________
8 This account statement is not a security, and confirms the existence of securities at the beginning of the operational day of the above date
112
Annex 28
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Depository of Bank ICBC (JSC)
License of the Bank of Russia No. 045-13992-000100 issued on August 18, 2016
29 Serebryanicheskaya Embankment,
Russia, 109028, Moscow, Telephone(495) 287-30-99; Fax (495) 287-30-98
Report on the execution of administrative operation
Type of operation
Date of receipt of the order
Incoming order number
Date of execution
Originator of the order
Date of report
Object to be changed
Head of the Depository
113
Annex 29
to the ‘Terms and Conditions of
Depository Activities of
Bank ICBC (JSC)’
Notification
by Bank ICBC (JSC) of payment and transfer of proceeds Ref. No. ___________ dated _____________________ 20___
Depositor’s name: __________________________________________
We hereby notify you that __________________________________________________
To be completed in the event of funds transfer upon shares:
Issuer name
Security name
Record date
Number of shares dividends are attributed to
for the Depositor (as of the record date, pcs.) registered preference shares
Number of shares dividends are attributed to
for the Depositor (as of the record date, pcs.) registered ordinary shares
Securities par value
Dividend rate per share registered preference shares
Dividend rate per share registered ordinary shares
Total amount of dividends attributed
Amount of tax withheld by the issuer
Amount payable to the Depositor
Additional information
To be completed in the event of funds transfer upon bonds: Issuer name
Security name
Record date
Number of bonds with coupons for the Depositor (as of the record date, pcs.)
Securities par value
Currency par value
Coupon rate per bond
Total amount of coupon
Total amount of coupon income and principal debt or any part thereof
Amount payable to the Depositor
Additional information
Payment order: Number and date of the payment order
Beneficiary
TIN
Account No.
Bank of beneficiary
Head of the Depository _____________________ /_______________________________/ signature Full name
L.S.
114
Annex 30
to the ‘Terms and Conditions of
Depository Activities of Bank
ICBC (JSC)’
Tariffs of Bank ICBC (JSC) for depository activities
No. Services Tariff 9
(not subject to VAT)
1. Administrative operations
1.1. Opening the securities account: 300 rubles
To be charged per operation
1.2.
Opening the securities subaccount on behalf of
the Depositor
150 rubles
To be charged per operation
1.3.
Opening of the nominal holder securities
subaccount of Bank ICBC (JSC) in NSD or
nominal holder securities account of Bank ICBC
(JSC) in NSD on behalf of the Depositor
300 rubles
Charged to the Depositor for the
opening of each subaccount
1.4.
Servicing of the securities account of the
Depositor in case of opening of the nominal
holder securities subaccount of Bank ICBC (JSC)
in NSD or nominal holder securities account of
Bank ICBC (JSC) in NSD on behalf of the
Depositor
150 rubles
Charged to the Depositor on a
monthly basis
1.5. Closing of securities accounts or securities
subaccounts
Commissions shall not be
charged
1.6. Modification of the questionnaire details of
Depositor, Depositor’s authorized representative
Commissions shall not be
charged
2. Storage and registration of securities
2.1.
Storage and/or accounting of securities in
foreign or international accounting systems
0.03% but not less than 100
rubles
Charged on a monthly basis in
% per annum of the average
value of the securities holding.
9The payment for the services shall be performed based on the invoice issued by Bank ICBC (JSC) on a monthly
basis. The invoice is issued not later than on the fifth (5th) business day of the month following the settlement
month, or on the closing date of the securities account of the depositor
115
No. Services Tariff
(not subject to VAT)
2.2.
Storage and/or accounting of securities in
registrars or in correspondent depositories that
are residents of the Russian Federation, except
for the cases specified in Clauses 2.3, 2.4, 2.5 of
these tariffs
Commissions shall not be
charged
2.3.
Storage and/or accounting in NSD of securities
that do not have a market price – shares,
investment units, mortgage participation
certificates, depository receipts, for a Depositor
that is a legal entity
300 rubles for issue,
but no more than 15,000 rubles
Fee charged on a monthly basis
for each issue of securities on
securities account
2.4.
Storage and/or registration in NSD of securities
with no market price for the Depositor that is an
individual
Commissions shall not be
charged
2.5.
Non-issue-grade certificated securities storage
and accounting
0.1%, but not less than 300
rubles
Charged on a monthly basis in
% per annum of the average
value of the securities holding.
3. Inventory operations
3.1. Receipt of securities for storage and accounting
3.1.1.
Depositing and/or registration of non-certificated
securities and issue certificated securities with
mandatory centralized storage
150 rubles
To be charged per operation
3.1.2.
Acceptance of non-issue-grade and issue-grade
certificated securities for storage and/or
accounting, except for those listed in Clause 3.1.1
of these tariffs
50 rubles
To be charged per security
3.2. Removal of securities from storage and accounting
3.2.1.
Withdrawal from storage and/or accounting of
non-certificated securities and issue-grade
certificated securities with mandatory centralized
storage
700 rubles
To be charged per operation
116
No. Services Tariff
(not subject to VAT)
3.2.2.
Withdrawal from storage and/or accounting of
non-issue-grade and issue-grade certificated
securities, except for those listed in Clause 3.2.1
of these tariffs
150 rubles
To be charged per security
3.3. Transfer of securities on securities accounts or securities subaccounts. Relocation
(change of place of securities storage).
3.3.1. Transfers of securities between security accounts
opened with the Depository of Bank ICBC (JSC)
150 rubles
To be charged per operation
3.3.2. Transfer of securities through subaccounts of one
securities account on behalf of the Depositor
Commissions shall not be
charged
3.3.3.
Relocation (change of place of storage) of issue-
grade non-certificated securities and issue-grade
certificated securities with mandatory centralized
storage
850 rubles
To be charged per operation
3.3.4.
Relocation (change of place of storage) of
certificated securities, except for those listed in
Clause 3.3.3 of this tariff
200 rubles
To be charged per operation
4. Registration of encumbrance of securities with obligations
4.1. Registration of encumbrance of securities with
obligations
300 rubles
To be charged per operation
4.2. Register of termination of encumbrance of
securities with obligations
300 rubles
To be charged per operation
5. Information operations10
10 The commissions specified in Section 5 shall be charged also for reports (statements) provided to the customer
on the securities account closed.
117
No. Services Tariff
(not subject to VAT)
5.1
Securities account report (statement) in paper
form or securities subaccount report (statement),
Report on the execution of administrative
operation under the Depository order for the
Depositor that is an individual
50 rubles11
To be charged per operation
5.2.
Securities account report (statement) in paper
form or securities subaccount report (statement)
under the Depository order for the Depositor
that is a legal entity
100 rubles
To be charged per operation
5.3.
Issuance at the Depositor’s request of copies of
the documents, including scanned copies
30 rubles
To be charged per sheet
5.4.
Statement (or report) of the registrar or the
correspondent Depository provided at the request
of the Depositor in respect of securities of the
depositor on the account of the nominee of Bank
ICBC (JSC)
300 rubles
Charged per statement
6. Corporate actions
6.1.
Acceptance and processing of applications and
orders of Depositors for participation in
corporate action. General meeting of holders of
securities for legal entities
1500 rubles
Charged per application (order)
on voting for each package of
securities at the place of storage
6.2.
Acceptance and processing of applications and
orders of Depositors for participation in
corporate action. General meeting of owners of
securities for individuals
750 rubles
Charged per application (order)
on voting for each package of
securities at the place of storage
6.3.
Receipt and processing of Depositors’
applications for participation in the corporate
actions of the issuer of the securities with the
accompanying documents, except as specified in
Clauses 6.1 and 6.2 of these tariffs
1500 rubles
Charged per application (set of
attached documents) for each
package of securities at the
place of storage
7. Order cancellation
11 The commission shall not be charged for the initial provision of a report on the depository operation (operations)
performed on the securities account and Report on the execution of administrative operation
118
No. Services Tariff
(not subject to VAT)
7.1. Depositor’s order cancellation
300 rubles
To be charged per operation
8. Ensuring the exchange of information via SWIFT communication channels
8.1. Ensuring the exchange of information via
SWIFT communication channels
500 rubles +
thirty (30) rubles for each
securities account, on which the
exchange of documents via
SWIFT communication
channels is arranged.
To be charged on a monthly
basis, regardless of the volume
of information exchange
1. If it is specified in the Tariff column that payment is to be charged per operation, the
fee is calculated per operation performed in respect of each issue of securities.
2. In addition to the tariff, an amount is charged equal to the amount of the actual expenses
of Bank ICBC (JSC) suffered in fulfillment of its obligations to the Depositor (compensation
for the actual expenses of Bank ICBC (JSC)).
3. The payment for the services shall be performed based on the invoice issued by Bank
ICBC (JSC) on a monthly basis. The invoice is issued within five (5) business days of the month
following the settlement one. In payment for the services, the remuneration amount calculated
in accordance with the tariffs shall be rounded to kopecks. The remuneration of Bank ICBC
(JSC) for operations and services not provided for under these tariffs shall be regulated under
additional agreements.
4. If the operation is performed via the centralized clearing and settlement system of
Moscow Stock Exchange due to the settlement of an operation performed by Bank ICBC (JSC)
as a broker at the Depositor’s expense, no remuneration is charged on the tariffs of securities
storage and withdrawal from storage.
5. Fee for storage and/or registration of securities specified in Clauses 2.1 and 2.5 of these
tariffs is charged as a percentage of the securities holding average value determined separately
for the issue-grade non-certificated securities denominated in rubles and foreign currency, for
the issue-grade certificated and non-issue-grade securities.
6. The average cost of a package of securities in the securities account is determined by
the aggregate amount of packages of all issues of securities recorded in the reporting month.
The average cost of package of securities in the securities account for charging for storage
is calculated using the formula:
, where is the appraised value of the securities n in ruble or
currency equivalent as of the end of the corresponding (ith) calendar day of the billing period;
119
is the currency rate of the appraised value of the securities in the Russian rubles set by
the Bank of Russia for the last calendar date of the billing period, according to the official
website of the Bank of Russia. For the Russian rubles, the exchange rate is taken equal to 1;
N – number of calendar days in the billing period;
M – number of different issues (issue-grade securities) or pieces (non-issue-grade securities)
recorded on the securities account at least one (1) day during the billing period.
Estimated value of securities is determined as the product of the number of securities at the
end of the relevant calendar day of the billing month on the denomination of the securities.
In the absence of information on the par value of the securities, the appraised value is
determined based on the market value of the securities according to Thompson Reuters
information system. The appraised value of the securities being determined is expressed in
Russian rubles.
In case of settlements in foreign currency, the appraised value of the securities is converted
into the Russian rubles at the rate set by the Bank of Russia as of the date of settlement.
120
Приложение 31 к ‘Условиям осуществления
депозитарной деятельности АйСиБиСи Банка (АО)’/
Annex 31 to the ‘Terms and Conditions of Depository
Activities of Bank ICBC (JSC)’
Обращение Депонента/ Depositor’s Application №__________
От/ dated ‘_____’ ________________ 20 ___г.
Депонент/ Depositor
Счет депо/
Securities account
Суть обращения/ Application summary:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Данные Депонента/ Depositor’s data:
___________________________________________________________________________
___________________________________________________________________________
Депонент/ Depositor:
___________________________________ ___________________ /___________________________/
Должность/ position подпись/ signature Ф.И.О./ Name
М.П./ L.S.
ОТМЕТКИ ДЕПОЗИТАРИЯ/ TO BE COMPLETED BY THE DEPOSITORY
Принято/ Accepted:
_______________________________ _______________ /_______________________/
должность/ position подпись/ signature Ф.И.О./ Name
‘______’________________ 20___г.
Вх. № по журналу/ Your ref. in the log _________________ ____ час. ___ мин.
КОНТРОЛЬ ИСПОЛНЕНИЯ/ EXECUTION CONTROL
Резолюция по обращению/ Resolution on the application:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Уполномоченное лицо, рассмотревшее обращение/ Application reviewed by:
_______________________________ _______________ /_______________________/
должность/ position подпись/ signature Ф.И.О./ Name